This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
Part II] Cryogas Judgment: Supreme Court Stops Copyright from Gaslighting Design By Aditya Bhargava In the first part of the post, I looked at how jurisprudence has evolved from the Microfibres case in 2006 up to the present case in Cryogas. This became known as the functional vs. aesthetic dichotomy in design cases.
But what is the right time for assessing a design infringement? Background Koninklijke Philips NV (Philips) marketed various air fryers under the brand Airfryer. Since 2010, it owns registered Community designs (RCD) for the Airfryer, including RCD no. The preliminary injunction was granted on the basis of design infringement.
Aldi was sued for copyright infringement of an artwork that appeared on the packaging of childrens snacks under the BABY BELLIES, LITTLE BELLIES and MIGHTY BELLIES brands, each aimed at different age groups. The brands (hereafter Bellies) were licensed to Every Bite Counts Pty Ltd ("EBC"), including a range of Puffs products.
Their essence lies in unique sensory elements that transcend conventional designs and embody distinctiveness in novel ways. Rooted in the expansion of brand identity, their evolution began in the mid-20th century, gaining traction with sound and colour marks. While less common, they reflect evolving brand strategies.
Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large.
Louis Vuitton Malletier is a French fashion house and one of the most recognisable luxury goods brands in the world. It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. After 12 decades, it has become one of the most identifiable marks on the planet!
A private prosecution brought by the Federation Against Copyright Theft alleged that Longbottom’s operation ran from August 2015 to May 2017. Caravan Static, Longbottom On the Move Officers from Greater Manchester Police raided Longbottom’s caravan in January 2017, but the entrepreneur wasn’t home, or even in the UK.
Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? In China, a GUI alone cannot be registered as a design patent. Article 2.4
In Canada, under section 64(2) of the Copyright Act , it is not an infringement of copyright to reproduce the design of a “useful article”, so long as more than 50 copies are made. In Pyrrha Design Inc. where original jewellery designs are automatically protected under copyright law as sculptural or pictorial works.
With the challenges posed by name saturation and the reduced availability of work marks, industrial designs are increasingly important within intellectual property strategies. When people think about designs they typically think of patents, but the world of protecting designs is far more extensive than that.
The Court clarified that the appellants mark was declared well-known in 2017, and the well known status of a trademark is prospective and cannot retrospectively affect prior users.
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. Under Sections 47 and 57 of the Trade Marks Act, 1999, Pidilite Industries Ltd.
Varsity Brands, Inc., Ct 1002, 1007 (2017). ” Second, the Board determined that the separable portions of the design, in combination, met the minimum threshold of creative authorship necessary for some level of copyright protection to result. Copyright law does not protect useful articles per se (i.e.,
On July 26, 2021, the fashion brand ‘Fear of God’ publicized that they had filed a trademark and counterfeit lawsuit in Illinois in early July against several e-commerce sites operating in China. Counterfeit can deteriorate brands as consumers cannot be certain what they are purchasing, but the fight against counterfeit may never stop.
Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. Are they protectable by design patents? Other countries are lagging behind. Overview of current legislation in China. Article 2.4
The General Court rejected an appeal brought by AC Milan (nicknamed also Rossoneri) and considered that the brand characterizing Rossoneri’s emblem could not be registered as an EU trade mark (EUTM) since it would give rise to a likelihood of confusion with the earlier German trade mark ‘Milan’ held by the company InterES.
The event was, as ever, chaired by PermaKat Prof Dr Eleonora Rosati together with Giulia Gasparin, and the calibre and range of the speakers was bound to result in lively discussion; with panellists from marketplaces such as Amazon, Zalando and Etsy engaging in discussion with brand and consumer voices as well as private practice lawyers.
One of these brands that has popped up on the AmeriKat's Instagram are riding boots from Fairfox & Favor. A very popular design of one of these boots is based on a traditional Spanish riding boot - the Regina boot or Heeled Regina - which looks like the below (and for a closer look click here ).
However, the Delhi High Court recently declared that the stylized “H” mark of French luxury brand Hermes International qualifies as a “well-known trademark” under the terms of section 2(1)(zg) of the Trademark Act, 1999 (hereinafter, the act). This is the extra protection that a brand obtains after being named Popular.
The company offers a broad range of every imaginable IP-enforcement service, while also covering brand protection and counterfeiting, all operating on a global scale. Together, these help to protect a growing list of nearly 300 brands. After more than a decade at the MPA, where he launched ACE in 2017, he leaves behind quite a legacy.
How does an influencer and fashion designer become so despised? Danielle Bernstein is a 28-year-old New York City influencer and founder of the brand We Wore What (“WWW”). Bernstein responded by filing a suit for declaratory judgment , essentially asking the court to rule that WWW’s silhouette design did not infringe on TGE’s design.
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.
Introduction The brand ‘Haldiram’ has been synonymous with various savouries in India for many years, especially their legendary bhujia. A recent ruling by the Hon’ble Delhi High Court elevated the brand Haldiram as a well-known trademark. The name Haldiram has become synonymous with the aforementioned logo designs.
The Court’s timeline of the dispute dates back to February 2017 when singer and claimed songwriter Mohammad Rahi emailed Kamraan Ahmed, a director of music publisher Moviebox Megastores International Limited. The judgment references a trial related to three sets of proceedings that were consolidated by court order in 2021.
Not understanding the role of Brand Names in Business led to China Tang having to rebrand even though they had been using the name for 12 years. Read, listen to podcasts and audio books, take courses such as Brand Tuned to discover better ways to design your business, get clients, and serve your existing ones. Business is hard.
Subodh Chachra Proprietor Of M/S Expose vs V2 Promoters Pvt Ltd on 3 March, 2025 (Delhi District Court) the plaintiff, owner of the trademark “X’POSE” for apparel, sued the defendant for infringing and passing off its brand name in the hospitality sector through “XPOSE LOUNGE.” Citing Jaisuryas Retail Ventures v.
Gucci Ancora's Roblox event Colour is known to be one of the most predominant visual elements in products and consequently in their brand identity. It is common knowledge that - especially in the luxury sector - the brand can be one of the most valuable assets of the company. 017215237 , 017215245 , 017535832 , 017535816 ).
Bournvita’s Sugar Rush Against ‘FoodPharmer’: An Unreasoned Injunction and a Clarification Without Clarity Recently, the DHC passed an interim injunction against the social media influencer ‘Food Pharmer,’ restraining him from disparaging Mondelez’s ‘Bournvita’ and ‘Tang’ branded products.
Genentech vs Controller Of Patents And Designs on 28 March, 2024 (Madras High Court) Image from here The appellants sought for the order by the respondent Controller to be set aside and further, their patent application for its medicinal compound titled “Inhibitors of IAP” to be allowed to proceed to grant.
Deputy Controller of Patent and Designs : Emphasis on a speaking order by the Controller The dispute pertained to Patent Application no. 1055/DELNP/2009 for the invention –“Process Device with Density Measurement” and the subsequent rejection order (dt July 7, 2017) passed by the Controller. Shell Brands International AG v.
As different as these brands may be, both are certainly well-known among the general public. 2017/1001 ). 2017/1001 ). A challenging question, isn’t it? While Puma’s sportswear is more present in the everyday life of consumers, Rolex watches enjoy a more luxurious aura. 8(5) of the former Community Trade Mark Regulation No.
In 2017, luxury brand Burberry even burned $37 million worth of unsold items [6]. The horrific case of collapse of Rana Plaza building in Bangladesh where clothes for big brands like Primark were made, where about 2000 were killed and 2000 injured, is a classic example of how poor the conditions of workmen in these countries can be.
MSCHF has frequently targeted major brands. At this point the Second Circuit baldly states “MSCHF used Vans’ trademarks—particularly its red and white logo—to brand its own products.” Unlike the defendant in Jack Daniel’s , MSCHF, at least amongst its relevant consumers, has a valuable brand. 218 (2017); Iancu v.
Conferences, Seminars and other Events UCL – Question to Trade Mark Judges The UCL Institute of Brand and Innovation La (IBIL) and MARQUES , the European Association of Trade Mark Owners, will host the event “ Question to the Trade Mark Judges ” on the 7th March 2023. More information on the event here. More information here.
The CREATe blog published an article on sharing the results of research about trade marks, fashion and crime in the nineteenth century, which tangencies the story of the Jaeger brand. Other A high-end fashion brand found itself involved in a controversy last week involving the sales of traditional Indian garments.
In October 21, the Department of Justice announced that Streit had been charged with several crimes , including one under a new law designed to reduce illegal streaming. The haul includes six Apple MacBook Pro devices, several Apple, Google, and Samsung-branded smartphones, tablets, hard drives, and other assorted storage media.
Last week’s newsletter How to avoid the biggest brand management mistakes , highlighted that the role of our business name and signs like logos, taglines, characters, or sounds is to enable buyers to recognise that it’s us. In Lacoste’s case the registration gave it a broad monopoly over the concept of a crocodile design.
With a share of approximately 30% in the GDP, the manufacturing sector is expanding at an average rate of 11.9%, services are increasing at an average rate of 8.1%, and agriculture contributed 25% of the GDP in 2017 with an annual growth rate of 3.8%. One of ASEAN’s most liberal and open economies is Cambodia. Conclusion.
Boehringer Ingelheim has also announced that with CYLTEZO’s commercial launch, pharmacy-benefit manager Optum Rx (a subsidiary of UnitedHealth Group), which currently covers more than 66 million patients, will place CYLTEZO injection as a preferred brand on its commercial formulary.
This state of pandemonium across social media platforms swiftly led fashion brands and luxury retailers to capitalize on this frenzy by re-branding their green products as ‘brat’. The brat green craze was, nevertheless, not restricted within the sphere of fashion and beauty.
In 2017, Ferrero sued Czech company Mocca Spol. On 15 February 2022 , for example, the Paris Court of Appeal held the trade mark designating France and two French 3D trade marks had been infringed by a Polish company. Tic Tac mints are usually sold worldwide in small transparent plastic boxes with a flip lid.
Data localization, data export, and data protection rules that first emerged in the Chinese Cybersecurity Law in 2017 are further outlined in the Data Security Law and the Personal Information Protection Law. These laws are anticipated to have an influence on many global corporations operating in China or whose operations touch China.
The federal judge rejected that argument, however, noting that one could “reasonably infer” the yellow color used to package Splenda is specifically designed to signify the contents as being the Splenda brand sweetener. Heartland and Dunkin’ entered into a settlement in February 2017. DineEquity Inc. Stay tuned.
Has the Chinese Patent linkage framework worked as designed? Under the patent linkage framework, the first generic applicant who has (1) successfully challenged a brand drug’s patent, and (2) is the first approved to enter the market in China, can enjoy a 12-month market exclusivity period. ZL201210201489.X,
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content