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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Kashishipr

JANUARY 12, 2022

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. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

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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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SpicyIP

NOVEMBER 23, 2021

We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. Payal has graduated from the School of Law, Christ University in 2020, and currently practices as a disputes lawyer. Google India Private Limited and others.

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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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JD Supra Law

OCTOBER 13, 2023

Does federal trademark law reach conduct outside of the United States? which prompted us to revisit a related issue we explored in the fall 2016 edition of The Katten Kattwalk. The Supreme Court addressed this question recently in Abitron Austria v. Hetronic International, Inc., By: Katten Muchin Rosenman LLP

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SpicyIP

MAY 3, 2023

Image from here Readers may remember the recent guest post that highlighted the Trademark Registry’s notices deeming 98000 and 82000 trademark applications as abandoned. ” Unfortunately, this is not the first time the Indian trademark office has engaged in mass abandonment of applications, only to be reversed by the High Court.

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Technology & Marketing Law Blog

DECEMBER 11, 2023

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. 140 (2023), since that decision was expected to provide guidance to lower courts for resolving free speech defenses in trademark infringement cases. VIP Prods. ,

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IP and Legal Filings

OCTOBER 28, 2022

While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.•

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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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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. It is common for litigation to assert both. What do you think?

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IPilogue

OCTOBER 6, 2021

After many years and multiple attempts , the organizers of this spectacular funfair have finally trademarked the term “ Oktoberfest.”. The Uphill Battle of Trademarking the Term “Oktoberfest”. Since 2016, the City of Munich has put forward applications to trademark the term; and ever since 2016, their applications have been rejected.

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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. 2 of Madrid dismissed the lawsuit ( Judgment 87/2016, March 15 ).

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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. As more and more names are registered, fewer are available for use.

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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. There are two ways for going ahead of trademark registration.

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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.

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IP and Legal Filings

MAY 17, 2022

Previously, three governmental bodies had the authority to protect and enforce intellectual property rights: The Ministry of Commerce and Industry for trademarks, the Ministry of Culture and Information for copyright, and King Abdulaziz City for Science and Technology for patents. Trademark in Saudi Arabia. Geographic names.

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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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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] Shyam Vithalrao Devkatta, (2016) 2 SCC 521 [3] Sholay Media and Entertainment v Parag M. 2016 SCC OnLine Bom 1812 [11] Biswaroop Roy Choudhary v.

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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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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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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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IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it. Contentions of Parties.

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IP and Legal Filings

MARCH 4, 2022

As held in TRIPS Council for the implementation of para 7 of the ‘ Doha Declaration on the TRIPS Agreement and Public Health ’, LDCs were held to be free from TRIPS disciplines on patents as well as undisclosed information in reference to the pharmaceutical products until 2016’. The simple reason for this is, waiver w.r.t

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Technology & Marketing Law Blog

FEBRUARY 27, 2022

dispute back in the Ninth Circuit in 2016. Trademark infringement 6. Dilution under Texas State Law 8. TPG’s use of trademarks seems consistent with that of every online travel agent. Rather, AA’s customers are logging in to AA’s site using a tool provided by TPG. This case hearkens back to the pre- hiQ Labs Facebook v.

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LexBlog IP

JULY 8, 2021

A Section 1(b) Intent-to-Use trademark application means that a person or legal entity has a “ bona fide ” intent to use the trademark “in commerce” in the near future. The Two Common Trademark Applications: 1(a) Use in Commerce vs. 1(b) Intent-to-Use. Pros and Cons to Filing an Intent-to-Use Trademark Application.

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The TTABlog

NOVEMBER 6, 2023

3 MCCARTHY ON TRADEMARKS AND UNFAIR COMPETITION § 19:111 (5th ed. But after 2013, when Respondent last advertised the CS amps in its domestic catalogs, domestic sales plummeted, rapidly dwindling to single digits and then zero at some points in the critical 2016-2021 time frame. Lanham Act, Section 45. The Board was unmoved.

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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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IIPRD

OCTOBER 28, 2023

However, numerous catchphrases have led to the fame of the individual involved; for instance, Danielle Bregoli, while appearing on a Dr. Phil episode in 2016, famously uttered the words “Cash me outside, how boutdah?” She trademarked the term in February 2007, and since then, it has become her “signature catchphrase.”

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SpicyIP

NOVEMBER 17, 2023

Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Course in Brief Dates : 22nd – 23rd November, 2023 Time : Day 1: 9:30 AM to 5:00 PM IST; Day 2: 9:30 AM to 1:00 PM IST Venue : Centre for Technology and Law, DA-IICT, Gandhinagar Duration : 1.5

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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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Technology & Marketing Law Blog

MARCH 10, 2022

The analogous non-digital conduct would be to take a photograph of a crowd inside La Baguette with the caption “La Baguette, Christmas party 2016,” erase “La Baguette,” write-in “Tito & Tita,” and keep the photograph on the wall where customers can see it. One wonders how a domain name would fare under Maryland law.

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BYU Copyright Blog

SEPTEMBER 11, 2023

2016, Oppenheimer captured an aerial photograph at the Stevens Institute of Technology in New Jersey, officially registering this image with the U.S. April 2022, the Institute's legal counsel responded to their counterpart by leveling accusations of trademark infringement and trespassing against David Oppenheimer.

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SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. CCI order ) and a writ petition filed by Ericsson.

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Greenspoon Marder LLP

JANUARY 12, 2017

In 2014, Louis Vuitton sued My Other Bag for, among other claims, copyright and trademark infringement. Additionally, ten respected law professors filed an amicus brief warning that an overreach of trademark law would pose serious risks for creative expression. The parody defense remains strong and intact.

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Likelihood of Confusion

FEBRUARY 1, 2023

Originally posted 2016-10-20 17:38:54. Republished by Blog Post Promoter The post Petition for certiorari in the FLANAX case appeared first on LIKELIHOOD OF CONFUSION™.

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Garrigues Blog

JULY 6, 2021

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 ). Let us see it. Forgetting this step can have very negative consequences.

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