IPilogue

AUGUST 4, 2022

Judian opened locations specifically in metro Vancouver for the large Chinese Canadian population in this area who would recognize the Beijing Judian trademarks. The following family of JU DIAN character trademarks have been heavily used in China to promote their restaurants.

Trademark 114

Trademark Registration Design Designs 114

JIPL Online

FEBRUARY 26, 2021

com” at after a generic word, “Booking,” still makes “Booking.com” generic within traditional trademark law [xiv] and (2) the fact consumer identify “Booking.com” doesn’t change the fact that it is still generic and thus ineligible for trademark registration. [xv] The second problem Justice Breyer has is that adding “.com”

Trademark 98

Trademark Registration Trademark Law Advertising 98

IP and Legal Filings

DECEMBER 13, 2024

As such a proprietary right is granted by way of registration of a trademark, whereby the owner of the mark or other parties granted a license to use the brand has the exclusive right to use it for the purpose of making money. Poma-Ex Products, 2017 SCC OnLine Bom 7470. [2] Poma-Ex Products, 2017 SCC OnLine Bom 7470 [3] Para 18.

Trademark 98

Trademark Branding Branding Brands 98

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Notwithstanding the essence of this finding, this is too narrow an interpretation of the true spirit of trademark law. Trademark Application No.:

Registration 98

Registration Trademark Trademark Law Law 98

The IP Law Blog

SEPTEMBER 22, 2022

Johnson Enterprises bought a copy of the P&P game, sent samples to a Chinese manufacturer, and began selling an almost identical version of P&P’s game that it called “Tailgating Pros White Connect 4” in October 2017. The Court found it significant that the two games are identical except for the logs displayed on the product.

Copying 98

Copying Marketing Marketing Advertising 98

Garrigues Blog

NOVEMBER 15, 2021

A trademark is a distinctive sign which identifies the goods and services of a company, and differentiates them from those of competitors, whereas a trade name identifies a company operating in trade and serves to distinguish it from other companies carrying out identical or similar activities. In particular, article 7.1

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

The IP Law Blog

MAY 20, 2021

Dropbox launched its Smart Sync feature in 2017 and was previously aware of Ironhawk’s SmartSync mark. Ironhawk sued Dropbox for violations of the Lanham Act, i.e., trademark infringement, and unfair competition claiming that Dropbox’s use of the name “Smart Sync” intentionally infringed upon Ironhawk’s “SmartSync” trademark.

Trademark 98

Trademark Marketing Marketing Business 98

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

LexBlog IP

JUNE 21, 2023

. § 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. 1744 (2017), Iancu v. Japanese Trademark Law, Article 4(1)(viii).

Registration 52

Registration Trademark Law Trademark Law 52

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark!

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark.

Designs 52

Designs Design Trademark Cease and Desist 52

Technology & Marketing Law Blog

JUNE 8, 2024

This case hit my alerts because of its discussion about keyword advertising, but first, I have to digest how the court got there. First, the “placement” piece should be disregarded per the court’s discussion below that keyword ad buys categorically aren’t trademark infringement. ” UGH. See Tempur-Pedic N.

Trademark 129

Trademark Advertising Advertising False Advertising 129

IPilogue

MARCH 2, 2022

The Birkin’s distinctive shape has acquired a secondary meaning, such that its trade dress has a trademark registration with the US Patent & Trademark Office. The Birkin’s hefty price tag — a Diamond Himalaya Birkin sold for over $400,000 in 2017 — has made it a prime target for knockoffs. Hermès’ Action.

Cease and Desist 105

Cease and Desist Non-Fungible Tokens Fair Use Intellectual Property 105

IP and Legal Filings

FEBRUARY 20, 2024

Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. National Law School of India Review , 31 (1), 125–148. L., & Lemley, M.

Personality Rights 92

Personality Rights Privacy Social Media Intellectual Property 92

Intepat

MAY 16, 2023

Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. Under this Act, Sec. For instance, in Titan Industries Ltd. DAP & Co.

Branding 98

Branding Branding Brands Personality Rights 98

43(B)log

DECEMBER 1, 2022

Although “third parties have used Flora-Bama in the titles of third parties’ artistic works with Plaintiffs’ oral or written permission,” that doesn’t make this a title-v-title case: Basic trademark law demonstrates why. 1744, 1757 (2017)…. This justification is at least consistent with the core idea of trademark law.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

SpicyIP

DECEMBER 30, 2023

Asst Controller of Patents and Designs , (passed on May 15) the Court meandered through the legislative history of Section 3(k) of the Patents Act and observed that there is a lack of clarity on the meaning of “technical effect” and “contribution” under the present 2017 CRI guidelines used by the Patent Office. Bolt Technology v.

IP 124

IP Copyright Trademark Intellectual Property 124

IP and Legal Filings

NOVEMBER 23, 2024

Finally, Apple uses its trademarks largely within its marketing strategies in such a way that they are displayed in advertisements, product packaging, and retail shops, which serves to sustain its high-tech and premium brand image. 10] (World Trademark Review)<[link] accessed 21 November 2024. [11]

Branding 105

Branding Brands Branding Technology 105

IP and Legal Filings

OCTOBER 23, 2024

Trademarks are governed by the Trademarks Act of 1999 and the Trademark Rules of 2017 in India which provides for registration and protection of Trademarks from fraudulent practice. 2] In recent times, many people are misusing the goodwill of others by “trademark squatting”. “The Trademark squatting.

Trademark 86

Trademark Registration Branding Branding 86

Garrigues Blog

DECEMBER 10, 2024

Although the process requires time, strategy and resources, it is possible to turn a sign, which in principle would not meet the necessary requirements to access the register, into a trademark worth its weight in gold in the market. Acquired distinctiveness is a fundamental concept in trademark law.

Trademark 52

Trademark Intellectual Property Registration Marketing 52

IP and Legal Filings

DECEMBER 6, 2023

But right to privacy only came to be recognised as a fundamental right in the year 2017 in the case of Justice K.S. AIR 2017 SC 4161 Facebook Twitter LinkedIn WhatsApp The post Right of Publicity Part 2 first appeared on IPLF. Right To Publicity- A Constitutional Right The right of publicity stems from the right of privacy.

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

Patently-O

DECEMBER 12, 2021

21] Under this test, Ginger Rogers and the estate of Fred Astaire could not prevent a filmmaker from using the title “Ginger and Fred” in a fictional film because the use was “clearly related to the content of the movie and is not a disguised advertisement for the sale of goods or services or a collateral commercial product.” [22]

Registration 69

Registration Government Advertising Advertising 69