IP and Legal Filings

AUGUST 4, 2022

Its parent organisation, The All England Lawn Tennis Club (further referred to as “the Club”) has previously trademarked the word ‘Wimbledon’ and also has trademarks has several other signs related to it such as the crossed rackets logo. However trademark for colours have very rarely been given especially in the UK.

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Trademark Branding Branding Brands 96

IP and Legal Filings

DECEMBER 13, 2024

The Trade Marks Act, 1999 governs the use of trademarks in India. It concerns with the registration and protection of trademarks for products and services alike from being used deceptively, false marks. That, whether the respondent exploit the unfair advantage of the petitioner brands goodwill in the trademark application?

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Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Law on Color Trademarks in India.

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Trademark Law Trademark Law Branding 105

Erik K Pelton

DECEMBER 20, 2022

The year saw many trademark stories in the news as backlogs continued at the USPTO even while application filing numbers dropped from their all time highs during the two previous years. Here are the biggest trademark stories of 2022 that we have been following at EMP&A. Celebrity trademark messes. Queen of Christmas.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Kashishipr

JANUARY 12, 2022

Often, hashtags help businesses reach out to their target audience and connect with them, which may further help them attain and achieve goodwill and raise awareness about their brand. Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection.

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Trademark Registration Registering Trademarks Social Media 105

IPilogue

MAY 12, 2022

Given the power of Apple’s brand, it is no surprise that they actively challenge trademarks that resemble their own to protect the dilution of their trademark. But this raises some key questions: Should Apple have the right to challenge all trademarks relating to an apple?

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Branding Branding Brands Trademark 119

IP and Legal Filings

MAY 20, 2022

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. Under The Trademarks Act 1999, a trademark if registered comes to be known as a registered trademark.

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Trademark Service Mark Registration Registering Trademarks 98

IP and Legal Filings

OCTOBER 30, 2023

Conceived by Ruth Handler and named after her own daughter, Barbie has, from its inception, been a driving force behind Mattel’s successful branding efforts, resulting in the sale of over a billion Barbie dolls and the expansion of the franchise into various media, including video games, merchandise, and a live-action movie.

Trademark 98

Trademark Branding Branding Brands 98

IP and Legal Filings

DECEMBER 16, 2024

The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. In an aesthetic-driven industry, these marks are very important for differentiating one brand from another.

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Branding Branding Brands Design 98

Corsearch

FEBRUARY 22, 2024

Trademark infringement is the nightmare that keeps big brands up at night. In a world where maintaining a distinctive identity and protecting consumer trust is a constant battle, safeguarding your trademarks is crucial. What is trademark infringement? Let’s start with the basics; what is trademark infringement?

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Branding Branding Brands Trademark 59

Technology & Marketing Law Blog

DECEMBER 11, 2023

MSCHF has frequently targeted major brands. The Second Circuit stayed MSCHF’s appeal of the district court’s ruling that the Wavy Baby infringed Vans’ trademarks pending the Supreme Court’s decision in Jack Daniel’s v. Trading on the goodwill of the trademark” and using the trademark as a source indicator are two very different things.

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SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Shell Brands International AG v.

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Trademark Invention Patent Art 126

IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.

Trademark Law 98

Trademark Law Trademark Law Service Mark 98

TorrentFreak

APRIL 26, 2024

Similar notices dated 2016 , 2017 , and 2018 , fail to raise any obvious red flags and since the first and last were processed by GitHub, people can be confident they received considerable scrutiny. In other parts of the notice, takedowns were requested under trademark law. So Real or Fake?

Artwork 144

Artwork Branding Branding Brands 144

Corsearch

NOVEMBER 20, 2023

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. Read on as we explore how you can conquer the likelihood of confusion in your pharmaceutical trademarks. A key difference arises, however, when comparing brand name and generic name confusion.

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Trademark Branding Branding Brands 59

IPilogue

SEPTEMBER 16, 2021

That which we call a rose by any other name would smell as sweet” … but would that which we call a brand by any other name be as hype? Founded in 2016, Los Angeles-based streetwear brand formerly known as Chinatown Market offers everything you’d need to fit in on Fairfax Avenue. The case, filed in 2012 in the U.S.

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Marketing Marketing Branding Branding 105

IIPRD

OCTOBER 7, 2024

The legal frameworks surrounding IP, including the patents, trademarks, copyrights, and business enigmas bargain the startups the aptitude to protect their intellectual assets, ensuring their thoughts and the inventions are lawfully saved from unlawful use or imitation. The Startups have filled more than 12000 applications between 2016-2024.

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Intellectual Property Government Invention Branding 98

IPilogue

DECEMBER 17, 2021

However, British artist Stuart Semple considers Tiffany Blue as being held captive through trademark law. Semple has been “liberating colours since 2016” , with previous paints replicating trademarked colours including International Klein Blue , T-Mobile Magenta , and Blackest Black. since 1998. In the 1995 Qualitex Co.

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Trademark Social Media Art Ownership 111

Greenspoon Marder LLP

NOVEMBER 10, 2016

This growing industry means that business is booming, and when business booms, the need to protect and regulate trademarks becomes necessary and important. For entities seeking trademark registration, enforcement and protection, there are serious complications.

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Patently-O

OCTOBER 4, 2021

We thank LaTia Brand of Harrity Analytics and the Stanford NPE Database, described in Shawn Miller et al., Boundy, Agency Bad Guidance Practices at the Patent and Trademark Office: a Billion Dollar Problem , 2018 Patently-O Patent Law Journal 20. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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Art Journalism Patent Law Invention 126

Intepat

FEBRUARY 3, 2025

Introduction Trademark law is mainly governed by two key principles: “first to file” and “first to use.” ” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. trademark law. Banff, Ltd.

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Branding Branding Brands Trademark 59

Greenspoon Marder LLP

JANUARY 22, 2018

As previously discussed, colors may be trademarked, in particular when a product’s color develops a secondary meaning in the market, such as when companies and their associated products use specific colors that acquire and establish a distinctiveness in the minds of consumers. By: Sharon Urias, Esq. DineEquity Inc. Stay tuned.

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Intepat

JULY 12, 2021

In today’s fast-paced world, firms are increasingly employing unconventional types of trademarks in addition to conventional kinds of trademarks. The registration of unconventional trademarks is not new in India. With emerging sorts of trademarks, the law is still catching up. MOTION MARK UNDER TRADEMARK ACT.

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Registration Trademark Journalism Branding 98

IP and Legal Filings

MAY 19, 2022

Trademark enables such companies to accomplish some major goals which lead to becoming successful organizations and instituting their name. The Controller General of Patents, Designs, and Trademarks (CGPDTM), who will also regulate their conduct and powers, will appoint a panel of “facilitators” to help administer the program.

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Trademark Government Branding Branding 52

JIPEL Copyright Blog

DECEMBER 15, 2021

Trademark litigation in the fashion world is not a novel concept. For decades, Adidas has been engaging in a long list of trademark infringement cases in the US and across the world. Traditionally, trademarks and trade dress have been used to communicate price and quality information to a consumer about the goods they are purchasing.

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Trademark Law Marketing Marketing Trademark 52

Garrigues Blog

JULY 6, 2021

They allow companies to promote their brand image and connect with the community around them. When we start any business, one of the first things to choose is the name that will identify you in the market and, if the homework is done, it will be registered as a trademark (see a related post here ).

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Branding Branding Brands Registration 52

Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. The same could not be said of “ 500% FIAT ”, where the non-trademark component “500%” does not have much evocative power.

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Copyright Advertising Advertising Trademark 114

Patently-O

JULY 19, 2023

Trademarks and trade secrets followed a different path – developing under state common law before later later gaining federal protections; with trade secrets moving federal most recently via the Defend Trade Secrets Act (DTSA) of 2016. And, that person’s brand is their name, image, and likeness. What do you think?

Privacy 98

Privacy Trademark Law Fair Use Trademark 98

Patently-O

OCTOBER 4, 2021

We thank LaTia Brand of Harrity Analytics and the Stanford NPE Database, described in Shawn Miller et al., Boundy, Agency Bad Guidance Practices at the Patent and Trademark Office: a Billion Dollar Problem , 2018 Patently-O Patent Law Journal 20. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

Journalism 105

Journalism Art Patent Law Invention 105

Indiana Intellectual Property Law

JUNE 23, 2022

6,376,399 with the USPTO on June 8, 2021 alleging they began using the mark as early as September 2016. Plaintiff also owns state trademarks for the same mark in New Jersey and Pennsylvania. Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C. 1114 , N.J. Stat § 56:3-13.16

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Selvam & Selvam Blog

JULY 28, 2023

the registered owner of the trademark “Chandrika,” in respect of goods covered in class 3, and M/S Mariyas Soaps and Chemicals, the registered owner of the trademark “Chandra” in respect of goods covered in class 3. Can the registered trademark owner seek relief based on passing off? Syed Mohideen v.

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Trademark Registering Trademarks Registration Marketing 52

IP and Legal Filings

MARCH 1, 2022

A shoe company called Masai Barefoot Technology as well used Maasai iconography while launching their brand. The Maasai Brand. In other words, the Maasai elements have now become synonymous to a brand commonly known as “Maasai Brand” and technically the use of these components adds more to the brand value of the product.

Intellectual Property 96

Intellectual Property Branding Branding Brands 96

SpicyIP

JANUARY 7, 2024

Geetan Luthra raised eyebrows regarding the uncanny defense relied on for justifying the use of the trademark ‘VBM’: that it stood for the Hindu gods Vishnu, Brahma, and Mahesh! In 2016, VBMIC obtained the registration of the ‘VBM’ device mark for medical equipment in India. Most fortunately, it didn’t last long.

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IP and Legal Filings

MAY 17, 2022

Trademark in Bahrain. ?????????A A trademark is a sign or form used to distinguish the goods, products, or services of one establishment from those of other establishments. In addition, a mark of sound or smell can be considered a trademark. This being an important part makes the brand owner avoid any further litigation.

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The TTABlog

DECEMBER 27, 2021

In an otherwise straightforward Section 2(d) analysis, the Board ruled that confusion is likely between Respondent's registered marks MIRAGE BRANDS (standard form) and MIRAGE BRANDS & Design [BRANDS disclaimed], and Petitioner Mahender Sabhnani's previously used and registered mark ROYAL MIRAGE & Design , all for perfume.

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Branding Branding Brands Registration 52

LexBlog IP

MARCH 24, 2023

One of the key elements of the NCAA’s intellectual property rights is the trademark for the phrase “March Madness.” ” The NCAA registered this trademark in 1989, and it has been fiercely protected ever since. In some cases, the NCAA has even taken legal action to protect its trademarks.

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IP and Legal Filings

DECEMBER 23, 2023

Therefore, with the increasing presence of commercial enterprises on web, it becomes apparent that domain name may be subject to norms applicable to other intellectual property rights such as trademarks. Akash Arora [8] , the plaintiff was the proprietor of the well-known trademark “Yahoo” and corresponding domain name, “Yahoo.com”.

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Trademark Registration Trademark Law Business 52