IP and Legal Filings

JUNE 26, 2023

However, the extent of protection and applicable principles of trademark law that surround the numeral trademark takes center stage in the discussion. Additionally, various judgements by courts have provided no straight jurisprudence regarding protection of numeral trademarks. vs. Sach Industries [iii].

Trademark 73

Trademark Fair Use Registration Branding 73

IPilogue

AUGUST 2, 2021

European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . In 2015, Doga?aji’s

Trademark 59

Trademark Registration Trademark Law Intellectual Property 59

Garrigues Blog

JANUARY 10, 2023

As from January 14, the Spanish Patents and Trademarks Office (SPTO) will, for the first time, assume the task of determining whether a trademark is invalid or must be revoked. As a result, it will only be possible to submit claims at the commercial courts, in the form of a counterclaim, in trademark infringement proceedings.

Trademark 52

Trademark Patent Trademark Law Law 52

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 61

Trademark Law Registering Trademarks Branding 61

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 58

Trademark Law Registering Trademarks Branding 58

IP and Legal Filings

MARCH 28, 2024

V RGV Film Factory” [4] , the court rules that a movie title’s eligibility for trademark protection depends on its acquisition of secondary meanings and uniqueness. [5] These registrations aid in allocating precedence. Parag Sanghavi, 2015 SCC OnLine Del 11644 [4] Kanungo Media (P) Ltd. Sholay Media and Entertainment Pvt.

Cinema 84

Cinema Copyright Blogging Registration 84

The IP Law Blog

APRIL 1, 2021

The Ninth Circuit recently considered an issue of first impression: What standard of review does an appellate court apply when reviewing a district court’s grant of summary judgment in a trademark infringement case on the equitable basis of the unclean hands doctrine. The Ninth Circuit faced this issue in the case titled: Metal Jeans, Inc.

Trademark 52

Trademark Branding Brands Branding 52

The TTABlog

JANUARY 10, 2022

McCarthy , the leading treatise on trademark law explains that “[t]he concepts of ‘generic name’ and ‘trademark’ are mutually exclusive. The party opposing registration has the burden to prove genericness by a preponderance of the evidence. Hyatt , 566 U.S. 431, 446 (2012); see also Shammas v. Focarino , 784 F.3d

Trademark Law 98

Trademark Law Trademark Registration Government 98

Intepat

MAY 16, 2023

For instance, famous Bollywood actor Shah Rukh Khan has registered his name “Shah Rukh Khan” and the initials “SRK” as a trademark to protect his publicity rights. Publicity Rights Under Indian IP Law In India, there is no direct statute that governs publicity rights in the intellectual property law regime. Under this Act, Sec.

Branding 98

Branding Brands Branding Personality Rights 98

IP and Legal Filings

OCTOBER 4, 2022

A very interesting and unorthodox legislative style from the UAE legislator was to introduce an opening provision clarifying the policy behind the Law. Trademarks. Trademarks are protected by registration with the IP Department. A GCC Trademark Law was issued in 2006.

Intellectual Property 52

Intellectual Property Law Business Designs 52

The IP Law Blog

FEBRUARY 3, 2022

This case began with a 2015 application by Interprofession du Gruyère, a Swiss registered association, and Syndicat Interprofessionnel du Gruyère , a French syndicat for a certification mark GRUYERE. First, trademark owners need to understand the seriousness of a trademark becoming generic. INTERPROFESSION DU GRUYÈRE, et al.,

Designs 52

Designs Design Trademark Branding 52

IP and Legal Filings

OCTOBER 28, 2023

Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. A feature of trademark law known as trademark dilution gives the brand owner exclusive rights to the mark, providing them a strong and recognisable trademark.

Trademark 78

Trademark Registering Trademarks Trademark Law Branding 78

LexBlog IP

FEBRUARY 3, 2022

This case began with a 2015 application by Interprofession du Gruyère, a Swiss registered association, and Syndicat Interprofessionnel du Gruyère , a French syndicat for a certification mark GRUYERE. First, trademark owners need to understand the seriousness of a trademark becoming generic. DAIRY EXPORT COUNCIL, et al.,

Designs 40

Designs Design Branding Brands 40

The IP Law Blog

MARCH 2, 2021

Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. Considering the importance of Chinese manufacturing to global trade, the Chinese legal system and its evolving trademark enforcement system will likely cause companies to get creative. Fossil, Inc.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

The TTABlog

NOVEMBER 6, 2023

The Board granted a petition for cancellation of a registration for the mark CS for "amplifiers," finding that Petitioner Adamson Systems proved by a preponderance of the evidence that Respondent Peavey Electronics had discontinued use of the CS mark on amplifiers, with intent not to resume use. Lanham Act, Section 45. The Board was unmoved.

Registration 58

Registration Branding Brands Branding 58

JIPEL Copyright Blog

APRIL 4, 2022

In the playpen that is nonverbal marks, the game is all about whether registrants can jump the hurdle between two opposing classifications—product packaging and product configuration. 2D (BNA) 1964 (TTAB 2015). In response, TTAB did not merely deny Lululemon registration. 113 U.S.P.Q.2D In re Lululemon Athletica Canada, Inc. ,

Registration 52

Registration Designs Design Trademark 52

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” context to see how various other countries have responded to such challenges as well, not only in copyright but in trademark and patent too.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

JANUARY 23, 2023

(DB order) to reiterate that one registered proprietor of a trademark can sue another registered proprietor of a trademark alleging deceptive similarity between the competing marks (para. The Defendant argued that the suit design was published prior to the date of registration under a different trade name. Banijay Asia and Anr.

Designs 105

Designs Design Invention Registration 105

TorrentFreak

DECEMBER 22, 2022

Since 2015, TIR has made its specialist content available via the website mistressharley.com (NSFW) and through authorized third parties under licensing agreements. The listed URLs appear to reference video content, but TIR uses trademark terminology instead. TIR’s Enforcement Efforts Fail. Causes of Action.

Privacy 119

Privacy Copyright Infringement Trademark Copyright 119

The TTABlog

APRIL 7, 2023

The CAFC overturned the TTAB's decision [ TTABlogged here ] dismissing Charles Bertini's Section 2(d) opposition to registration of APPLE MUSIC for a host of services, including the production and distribution of sound recordings and presentation of live music performances. Charles Bertini v. April 4, 2023) [precedential]. The Board agreed.

Music 56

Music Trademark Trademark Law Registration 56

LexBlog IP

JUNE 21, 2023

We will look not only at the laws of the United States but at some other jurisdictions as well. A trademark using a name, portrait or signature associated with a living person may be rejected. Generally, the Trademark Office will not allow a mark associated with a living person without permission. Section 1209.03(x) Tam , 137 S.

Registration 52

Registration Trademark Law Trademark Law 52

The IPKat

JULY 20, 2021

We soon learn that "Trademark Law Reform" refers to aspirations to tackle contemporary problems in trade mark law worldwide, whether by means of legislative overhaul or not, put to paper by some of the world's leading experts. But make no mistake: behind the cover is a veritable treasure trove of thought-provoking scholarship.

Trademark Law 96

Trademark Law Law Trademark Registration 96

IP and Legal Filings

DECEMBER 6, 2023

Protection Of Publicity Right As A Well-Known Trademark Although, publicity rights do not have any statutory protection per se in the Indian Law, but publicity rights in some form are protected by The Trade Marks Act, 1999 and The Copyright Act, 1957. Entertainment Pvt. vs. Baby Gift House and Ors., Baby Gift House and Ors.,

Privacy 100

Privacy Intellectual Property Law Intellectual Property Advertising 100

Patently-O

JUNE 11, 2023

Elster to determine if the PTO violated Steve Elster’s First Amendment right to free speech when it declined to federally register his trademark TRUMP TOO SMALL in connection with T-shirts. The PTO had denied registration under 15 U.S.C. Brunetti , the Federal Circuit’s decision was almost certainly correct. [4]

Registration 62

Registration Trademark Government Law 62

Patently-O

DECEMBER 12, 2021

Can you register a famous person’s name as your trademark without their consent? Patent and Trademark Office interprets this to mean no, never, no matter what. 1] Under this provision, the PTO routinely denies registration to marks that appear calculated to capitalize on the famous person’s name to sell products.

Registration 69

Registration Government Advertising Advertising 69