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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IP Watchdog

AUGUST 2, 2021

This article concerns the impact of Ex Parte Sauerberg, a 2017 Patent Trial and Appeal Board (PTAB) decision, on the safe harbor provision of 35 U.S.C. § Patent and Trademark Office (USPTO) practice, and discuss implications for practitioners. We address whether Sauerberg is consistent with Federal Circuit law and decades of U.S.

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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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Trademark Branding Branding Brands 98

IPilogue

FEBRUARY 28, 2022

France and Switzerland used to fight for the exclusive rights to the “Controlled Designation of Origin” for Gruyère. Interestingly, another battle regarding the Gruyère trademark is happening in North America. However, the fate of the Gruyère trademark in Canada is still up in the air. However, SCU did not give up.

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Trademark Registering Trademarks Intellectual Property Advertising 105

The TTABlog

APRIL 17, 2023

Chizena went down swinging in this consolidated opposition to his applications to register the word marks ALL RISE and HERE COMES THE JUDGE and the design mark shown below, for "clothing, namely, t-shirts, shirts, shorts, pants, sweatshirts, sweatpants, jackets, jerseys, athletic uniforms, and caps." Pro Boxing Supplies, Inc. ,

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Trademark Design Designs Licensing 95

Biswajit Sarkar Copyright Blog

OCTOBER 25, 2023

In February 2022, Colt CZ Group SE (Colt) a Czech holding company filed an application to register a mark depicting an assault rifle as a European Union Trademark (EUTM) containing the word elements “CZ BERN 2”. As a result, the present Community design has no direct impact on the distinctiveness of the contested trademark application.

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SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 129

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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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. Assistant Controller of Patents and Designs , N.V.

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Trademark Invention Patent Art 125

SpicyIP

FEBRUARY 21, 2024

Recently, the Delhi High Court referred 3 questions regarding the jurisdiction of a High Court to hear trademark rectification applications, to a larger bench. The question that surfaced here was “which High Court shall have the jurisdiction to hear cancellation/rectification petitions under Section 57 of the Trademark Act, 1999 (‘1999 Act’).”

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Trademark Intellectual Property Designs Design 104

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr.

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IP and Legal Filings

AUGUST 11, 2023

Introduction Trademarks are no longer confined to words, numbers, or devices. This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 7] Is Braille a ‘Mark’ ?

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Trademark Registration Intellectual Property Intellectual Property Law 98

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 11, 2021

Columbia first sued Seirus in 2013 in federal court in Washington, alleging infringement of its design patent by the HeatWave fabric included within Seirus’ HeatWave products. Prior to trial, the Oregon court entered judgment that the design patent was not invalid and granted summary judgment of infringement of the design patent.

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SpicyIP

DECEMBER 2, 2024

Samridhi Chugh and Manya Gupta write about this order, explaining how the Court appears to have convoluted the issues surrounding the interplay between trademarks, disparagement, and free speech, rather than clarifying them. It involved the plaintiff’s registered trademark, “SUPREME”. In this post by Kartikeya S.,

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The IPKat

OCTOBER 9, 2023

The IPKat is received the following report by Katfriend Caroline Theunis (ELSA International) on the recent discussion of a Design Law Treaty at WIPO. They constitute the “SCT”, referring to the Committee covering design law issues within WIPO. Initially, the Diplomatic Conference to adopt the DLT was scheduled to take place in 2017.

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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

NOVEMBER 11, 2024

A recent ruling by the Hon’ble Delhi High Court elevated the brand Haldiram as a well-known trademark. This is a landmark decision in the Indian intellectual property law regime as it sets a precedent for safeguarding established trademarks in India. 2024 for further understanding of the concept of well-known trademarks.

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Trademark Branding Branding Brands 88

IPilogue

OCTOBER 28, 2021

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. In Pyrrha Design Inc. In general, any clothing, including costumes, is not protected by copyright laws.

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SpicyIP

SEPTEMBER 18, 2024

Union of India, CGPDTM has notified the constitution of a committee to draft the Code of Conduct for Patent and Trademark Agents. Image from here SpicyIP Tidbit: Committee Constituted to Draft the Code of Conduct for Patent and Trademark Agents By Md. Mohanty (Senior Joint Controller of Patents and Designs), P.K.

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Trademark Patent Registration IP 79

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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Corsearch

FEBRUARY 28, 2024

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.

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IPilogue

AUGUST 4, 2022

That marked the first time that the Court invalidated a trademark for reasons of bad faith per s. 18(1)(e) of the Trademarks Act (TMA). Judian opened locations specifically in metro Vancouver for the large Chinese Canadian population in this area who would recognize the Beijing Judian trademarks. v Wei Meng.

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Trademark Registration Designs Design 114

IP and Legal Filings

OCTOBER 23, 2023

Businesses may find it challenging to enforce trademark rights in online marketplaces because it can be challenging to locate infringers and hold them accountable. Effective trademark enforcement is essential in this situation for protecting the goodwill and financial interests of legitimate businesses.

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Marketing Marketing Trademark Registration 98

IP Tech Blog

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. Are they protectable by design patents? Other countries are lagging behind. Article 2.4

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Design Patent Designs Design Patent 57

IIPRD

JUNE 29, 2022

The monogram was designed to help them brand their firm and prevent copycats from trespassing on their turf. Fashion and luxury goods manufacturing requires a great deal of imagination, from the designs of the garments to the patterns, shapes, logos, symbols, and names associated with them. IP PROTECTION LOUI VUITTON PRODUCTS HAVE.

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Intellectual Property Branding Branding Brands 98

The IPKat

MARCH 11, 2024

Background On 24 October 2018, The KaiKai Company Jaeger Wichmann GbR (‘KaiKai’) filed an application for the registration of twelve Community designs with the European Union Intellectual Property Office (‘EUIPO’), claiming priority based on a Patent Cooperation Treaty (‘PCT’) patent application filed on 26 October 2017.

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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

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. With all things moving virtually, we are starting to see new strategies for the counterfeit market. million worth of fake goods in 2016.

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Web Design Branding Branding Brands 105

The TTABlog

JANUARY 17, 2024

Because Crossfirst's filing date was in 2019 and California's in 2017, California had priority. California claimed that its ring design mark is commercially strong, but its evidence did not relate solely to the ring mark. To be sure, there are also differences between the marks.

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Biswajit Sarkar Copyright Blog

JULY 29, 2022

The definition of mark under section 2(1)(m) in the Trademarks Act, 1999 includes “shape of goods” and “their packaging” and any combination of such shape or packaging with other things, fall within the plain and general meaning of the term ‘mark’ thereby making it an inclusive definition. . Key Differences between 3-D marks and designs.

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Trademark Registration Designs Design 52

The IPKat

OCTOBER 9, 2023

000018762 covering ‘land, air and water vehicles and parts thereof (not included in other classes), including engines for vehicles’ in class 12 protecting the following sign: The defendant is a natural person, who sold between 1986 and 2017 radiator grilles customised and designed for old Audi models from the 1980s and 1990s.

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Art Trademark Designs Design 131

LexBlog IP

SEPTEMBER 27, 2021

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., ” Star Athletica, LLC v.

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SpicyIP

JULY 4, 2024

Image by storyset on Freepik The office of Controller General of Patents, Designs and Trademarks (CGPDTM) on July 2, has notified the 2025 Patent and Trademarks Agent Exams. The Trademark Agent Exam is likely to be held on January 04, 2025 and the Patent Agent Exam is likely to be held on January 5, 2025.

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Patently-O

MAY 2, 2024

In this appeal, the Federal Circuit affirmed a Trademark Trial and Appeal Board (TTAB) decision sustaining an opposition proceeding and refusing registration of the standard character mark #TODECACHO for hair combs. by Dennis Crouch Araujo v. Framboise Holdings Inc., 23-1142 (Fed. Globe Roofing Prods. ” 341 F.2d 2d 127 (CCPA 1965).

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Trademark Designs Design Registration 59

azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. In Lacoste’s case the registration gave it a broad monopoly over the concept of a crocodile design.

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Trademark Branding Branding Brands 52

The TTABlog

JANUARY 8, 2024

The TTAB has re-designated as precedential its September 2022 opinion in this cancellation proceeding. Andrusiek's "actual" trademark use on comic books did not begin until 2017, but from 2006 he used the term as the name of a character, which the Board accepted as use analogous to trademark use, leading to the award of priority to Andrusiek.

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Intepat

JUNE 11, 2024

This Madrid system has significantly impacted global trademark registration, with over a million registrations worldwide. A key feature of the Madrid System is the provisional refusal, an initial objection from a national trademark office to an international trademark application.

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