Patently-O

JUNE 29, 2022

Coca-Cola holds the trademark rights in India, but not in the USA. A case like this begins with the territorial doctrine of trademark law: Under the territoriality doctrine, a trademark is recognized as having a separate existence in each sovereign territory in which it is registered or legally recognized as a mark. 1125(a).

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Trademark Trademark Law Brands Branding 121

SpicyIP

JANUARY 20, 2025

Hasaram And Sons on 13 January, 2025 (Delhi District Court) The plaintiff, a firm selling Ayurvedic medicines, sought a permanent injunction restraining the defendants from infringing their copyright and trademark and passing off of trade dress. The plaintiff used the registered trademark Nayan Jyoti for their most popular product.

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Registering Trademarks Trademark Registration IP 102

IP and Legal Filings

APRIL 12, 2023

I ntroduction Hermes International recently filed a lawsuit against Crimzon Fashion Accessories Private Limited, alleging Trademark Infringement. The act defines a well-known trademark in Section 2(z)(g). For example, if someone mentions the well-known trademark Bisleri , one immediately thinks of bottled mineral water.

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Trademark Branding Brands Branding 98

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

Intepat

APRIL 10, 2022

Additionally, trademark registrations for MSMEs are relatively cost-effective. Overall, the MSME scheme fosters the growth and development of these enterprises and assists them to flourish among existing top brands. Trademarks help your business to stand out from the crowd where there are so many look-alike products.

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Registration Trademark Branding Branding 98

IP and Legal Filings

JANUARY 11, 2024

INTRODUCTION Trademarks are vital part of modern day commerce because they act as distinctive and unique symbols that enable consumers to recognise and distinguish goods and services offered by different providers. Image Sources: Shutterstock] The primary legislative basis for smell trademark regulation in the US is the Lanham Act.

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Trademark Intellectual Property Branding Branding 105

IPilogue

SEPTEMBER 1, 2022

NBC claims that JKMG is practicing trademark squatting to unfairly make money by registering trademarks belonging to others. JKMG filed for registration of the mark for sale of apparel under Class 25, and the mark was registered in July 2017. What is trademark squatting? JKMG’s trademark portfolio.

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Trademark Registration Registering Trademarks Branding 105

SpicyIP

NOVEMBER 18, 2024

Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark Reportedly, Samsung India is opposing the use of ‘Samsung’ in an application to register the trade union of it’s workers. The Court noted the expiration of the license and the respondents’ registered trademark rights.

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Trademark Cease and Desist Music Copyright 105

SpicyIP

FEBRUARY 9, 2025

Macrotech Developers (formerly known as Lodha Developers) filed a trademark infringement suit against the House of Abhinandan Lodha (HoABL). He also argued that the FSA stipulated that Abhinandan could not use the TM or brand name Lodha in any manner whatsoever. Further, Macrotech has sought Rs. in damages.

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Branding Branding Brands Business 58

IP and Legal Filings

NOVEMBER 11, 2024

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. 2024 for further understanding of the concept of well-known trademarks.

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Trademark Branding Branding Brands 88

IP and Legal Filings

JANUARY 5, 2023

To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. The ‘Cycle’ trademark has been domestically and internationally used by the plaintiff since 1954 without anyone’s interruption.

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Trademark Branding Brands Branding 98

SpicyIP

JULY 28, 2023

But what seems like a probable ramification of the rebranding move is the trademark dispute that the organization is going to face due to this. many of the Trademark attorneys and reporters have questioned the move due to the similar trademarks held by close to a thousand applicants including tech giants like Microsoft and Meta.

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Trademark Marketing Marketing Branding 96

IP and Legal Filings

OCTOBER 23, 2023

The issue of counterfeiting not only compromises a brand’s reputation or brand value, but also puts consumer safety at risk by allowing the sale and uninformed purchase of sub-standard goods. In the year 2017 the market value of the E-commerce was $38.5

Marketing 98

Marketing Marketing Trademark Registration 98

IP and Legal Filings

FEBRUARY 20, 2022

Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Under trademark law, however, phrases are frequently deemed not to disclose the commercial origin of products or services, which is a trademark’s primary role. 2017/1001 and thus can be registered as a trademark.

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Trademark Advertising Advertising Registration 75

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 125

IPilogue

AUGUST 26, 2021

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. Meena Alnajar is an IPilogue Writer, IP Innovation Clinic Fellow, and a 2L JD Candidate at Osgoode Hall Law School. .

Web Design 105

Web Design Branding Branding Brands 105

SpicyIP

MARCH 9, 2025

Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyright infringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging. Read the post for more details.

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Trademark Patent Copyright Patent Application 58

The IPKat

JULY 20, 2021

We soon learn that "Trademark Law Reform" refers to aspirations to tackle contemporary problems in trade mark law worldwide, whether by means of legislative overhaul or not, put to paper by some of the world's leading experts. But make no mistake: behind the cover is a veritable treasure trove of thought-provoking scholarship.

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Trademark Law Law Trademark Registration 96

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.

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Trademark Law Trademark Law Service Mark 98

Intepat

APRIL 23, 2024

In this case, the court highlighted the pivotal role of careful branding in the pharmaceutical Industry. Despite the critical nature of this issue, India’s regulatory framework still lacks specific guidelines or rules governing the brand or trade names for pharmaceutical drugs. In the case of Anafortan v.

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Branding Brands Branding Trademark 52

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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Blogging Trademark Branding Brands 130

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

Cheng is based in Fish’s New York office, where she focuses her practice on trademark, trade dress, unfair competition, and copyright litigation.

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Intellectual Property Fair Use Litigation Trademark 86

IIPRD

JUNE 29, 2022

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!

Intellectual Property 98

Intellectual Property Branding Branding Brands 98

The IP Law Blog

MAY 20, 2021

What happens when a junior trademark holder’s business becomes so popular and well known that it threatens to swamp the reputation of a senior mark holder? The senior mark holder brings a trademark infringement case alleging “reverse confusion” among its potential customers. After some discovery, Dropbox moved for summary judgment.

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Trademark Marketing Marketing Business 98

IP Watchdog

OCTOBER 9, 2024

According to Pediatrics, a journal published by the American Academy of Pediatrics, the number of children under six years old who have consumed cannabis products surged by 1,375% from 2017 to 2021. Pediatric Edible Cannabis Exposures and Acute Toxicity: 2017–2021, Pediatrics (Jan. See Marit S. Tweet et al.,

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Journalism Publishing Branding Brands 111

LexBlog IP

JUNE 13, 2022

Product placement, by which I mean the placement of branded products in films and TV shows, is a prevalent feature in media. As a trademark attorney (since I can’t seem to turn it off), I appreciate the legal complications of product placement. One possibility is a likelihood of confusion claim. Thanks for reading!

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Trademark Registering Trademarks Branding Branding 52

IPilogue

OCTOBER 28, 2021

Another exception, section 64(3)(b), states that copyright infringement may still be found when reproducing an article that contains “a trademark or a representation thereof or a label.” Outside of masks and jewellery, a 2017 U.S. Supreme Court case, Star Athletica, LLC v Varsity Brands, Inc. It appears in the U.S.,

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Intellectual Property Designs Design Copyright 115

Intepat

APRIL 10, 2022

Trademark Registration for MSME. Additionally, trademark registrations for MSMEs are relatively cost-effective, and it is a simple trademark process that can be done online. Overall, the MSME scheme fosters the growth and development of these enterprises and assists them in flourishing among existing top brands.

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Registration Trademark Branding Branding 52

SpicyIP

DECEMBER 2, 2024

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.

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Invention Trademark Reporting Editing 52

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up.

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Trademark Brands Branding Branding 52

azrights

NOVEMBER 3, 2021

The difficulty with colour as a brand identifier is that there is no interim legal protection available to rely on as you build up recognition. Like that you stand more of a chance to be distinctive, and potentially to ultimately secure that colour as a trademark. Colour Trade Marks. Competitors Copying Your Colour.

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Trademark Branding Branding Brands 52

azrights

OCTOBER 27, 2023

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. The cancellation of Lacoste’s trademark paved the way for Crocodile to register its own crocodile logo in New Zealand.

Trademark 52

Trademark Branding Branding Brands 52

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. Heartland and Dunkin’ entered into a settlement in February 2017.

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Trademark Settlement Branding Branding 52

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?

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Artwork Branding Brands Branding 144

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

azrights

MAY 10, 2022

Trademark disputes often arise for those who are unaware of IP, with a consequent need to rebrand. 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. The purpose determines what your brand values need to be. Business is hard.

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Business Branding Branding Brands 98

Plagiarism Today

AUGUST 18, 2021

Epic Games first released Fortnite in July 2017 as an early access game. Epic Games was cautious to try to recreate Among Us as best they could without violating Innersloth’s copyrights, trademarks or other intellectual property. Did they go too far when pulling from Among Us for Imposters? A Long History of Copying.

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Plagiarism Copying Artwork Copyright Infringement 246