IP and Legal Filings

SEPTEMBER 12, 2024

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign

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IPilogue

DECEMBER 21, 2022

Tech giant Apple has recently filed a lawsuit against the United States Patent and Trademark Office (“USPTO”) and Director Kathi Vidal over the Office’s refusal to register Apple’s “SMART KEYBOARD” trademark based on genericness. Generics cannot have trademark protection. A string of refusals. Apple is not giving up.

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IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

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IP and Legal Filings

FEBRUARY 20, 2023

Thus, there is an unmistakable similarity between domain names and trademarks, which is why domain names have been granted trademark recognition and protection. Reliance is also a registered trademark, and as such, it is protected from trademark infringement.

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IP Blog

SEPTEMBER 22, 2020

More than two years ago, Romanian legislators introduced the initial draft of Law 112 in an effort to integrate the European Union (EU) 2015 Trademark Directive (Directive 2015/2436) with national law.

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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. However, protection to numbers have differed.

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Garrigues Blog

FEBRUARY 5, 2024

A judgment from the Court of Justice of the European Union (CJEU) clarifies the scope of third-party use of trademarks, taking into account the changes introduced in the European Directive on trademarks. regarding the use of the ZARA trademark. The Commercial Court No.

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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 Hasbro v EUIPO.

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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.

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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.

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Likelihood of Confusion

OCTOBER 8, 2024

Originally posted 2015-05-13 15:51:00. Google case that keyword advertising can be trademark use giving rise […] The post Wherefore art thou trademark use? Google case that keyword advertising can be trademark use giving rise […] The post Wherefore art thou trademark use?

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SpicyIP

SEPTEMBER 16, 2024

The Single Judge Bench (SB) consisting of Justice Sanjeev Narula made some intriguing observations regarding the trademarkability of the mark “Aashiqui” as a movie franchise and restraining its use by other entities. Does the Plaintiff Have a Trademark? In Krishika Lulla v. This principle was echoed by the Madras HC in Radhakrishnan v.

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Garrigues Blog

SEPTEMBER 29, 2021

Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademark laws and case law have shed some light in this regard. What are trademark owners’ rights in this case?

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Garrigues Blog

APRIL 23, 2024

The Supreme Court has confirmed that the use of another’s trademark to identify the prize in an advertising campaign constitutes an act of trademark infringement and ordered the infringer to pay compensation for damages. regarding the use of the ZARA trademark, as previously discussed here.

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Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. In 2015, it extended the “Align” mark to yoga apparel, which has generated $1B in sales. In 2015, it extended the “Align” mark to yoga apparel, which has generated $1B in sales.

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SpicyIP

FEBRUARY 9, 2025

Macrotech Developers (formerly known as Lodha Developers) filed a trademark infringement suit against the House of Abhinandan Lodha (HoABL). Genesis of the Dispute According to this report on Mint (paywalled), the Lodha siblings (Abhishek and Abhinandan) parted ways in 2015. Further, Macrotech has sought Rs. in damages.

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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.

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IP and Legal Filings

MAY 17, 2024

Daler Mehendi, a known singer and the plaintiff in the present case, had a registered trademark over the letters “DM” and established a business called “D.M. The concept of passing off under trademarks law was used to provide relief to the plaintiff. It is a common tort law aspect and can be used for unregistered trademarks.

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Personality Rights Intellectual Property Social Media Intellectual Property Law 97

IPilogue

MARCH 6, 2023

This loss for Louboutin follows several years of rejections from the Japan Patent Office (JPO) and JPO Appeal Board to register its trademark for a colour mark consisting of a red (Pantone 18-1663TP) coloured in soles for use in high heels filed on April 1, 2015 (TM App no. 2015-29921 ).

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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. If they do, the district court “must make de novo factual findings that take account of both the new evidence and the administrative record.” Hyatt , 566 U.S. Focarino , 784 F.3d Frito-Lay N.

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43(B)log

MARCH 9, 2022

7, 2022) Melwani owns the Royal Silk trademark for “a wide variety of products.” But the false designation of origin claim wasn’t dismissed because the court didn’t think Amazon addressed it (I don’t see why—how could it differ from trademark infringement here?). Amazon.com, Inc., 2022 WL 670919, NO. C21-1329RSM (W.D. Amazon.com, Inc.,

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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.

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The TTABlog

NOVEMBER 6, 2023

3 MCCARTHY ON TRADEMARKS AND UNFAIR COMPETITION § 19:111 (5th ed. The] evidence indicates that there was bona fide domestic use of the CS mark on amplifiers in the ordinary course of trade from 2012 through 2015. Peavey argued that "[a] mark is only abandoned when all trademark significance, including residual good will, is lost.”

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Likelihood of Confusion

NOVEMBER 10, 2021

“@INTA: Stephen Hawking applies to #trademark name: [link] | “Trademark” is not a verb. Ron Coleman (@RonColeman) March 30, 2015 Originally posted 2015-04-07 00:24:09. Who are you? — Republished by. The post Proof of God’s existence appeared first on LIKELIHOOD OF CONFUSION™.

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Technology & Marketing Law Blog

AUGUST 5, 2022

The court relies on two decisions: (1) In re CTLI, a bankruptcy ruling from 2015 blogged here: “ Company’s Social Media Accounts Transferred in Bankruptcy ” and (2) Int’l Bhd. Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. Social Media and Trademark Law” Talk Notes. Teamsters Loc.

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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.

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Branding Branding Brands Personality Rights 98

IP and Legal Filings

AUGUST 23, 2023

China Bistro/ ” mark against the plaintiff’s trademark “China Bistro/ ”. The single bench, using the trite law of essential features and the average consumer test, reached the conclusion of infringement under §29(2) of the Trademarks Act, 1999 (‘Act’). [2] 2015) 61 PTC 231. But this was not the case here. 13] Seixo v.

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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.

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IPilogue

NOVEMBER 17, 2021

In 2015, the Cowichan Tribes were faced with the issue yet again when Ralph Lauren launched their own line of Cowichan sweaters. The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademark law.

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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] Parag Sanghavi, 2015 SCC OnLine Del 11644 [4] Kanungo Media (P) Ltd. MK, An analysis on Protection of film titles under Trademark Law , Surana & Surana (Dec.

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JIPEL Copyright Blog

APRIL 4, 2022

Conceived to decide whether nonverbal marks merit trademark protection, nonverbal marks fall into three categories: product packaging (also known as trade dress) which is capable of inherent distinctiveness ; product configuration (also known as product design) which is capable of acquired distinctiveness ; and tertium quid. 113 U.S.P.Q.2D

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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. Litigation pertaining to ‘Ismail Building’ trademark settled. Of 55,607 URLs blocked in India between January 2015 and September 2022, 46.8

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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.,

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Designs Design Trademark Branding 52

The TTABlog

APRIL 7, 2023

The court ruled that the Board had erred in awarding priority to Apple (via tacking) over Bertini's use of the common law mark APPLE JAZZ for live musical performances. has used the mark APPLE MUSIC since 2015, when it launched the APPLE MUSIC streaming service. April 4, 2023) [precedential]. The Board agreed. Van Dyne-Crotty , 926 F.2d

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IP and Legal Filings

OCTOBER 4, 2022

Trademarks. Trademarks are protected by registration with the IP Department. A GCC Trademark Law was issued in 2006. Further revisions to the Law and its executive regulations have been issued and approved in 2015. Copyright can be registered with the IPPD.

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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.

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Registration Trademark Law Trademark Law 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.

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