SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute.

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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. In this post by Kartikeya S., he discusses the key points from the treaty.

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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.

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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.

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SpicyIP

FEBRUARY 21, 2024

Gian Chand Jain was dealing with a similar issue since in the Design Act, 1911, the Act didn’t define which High Court would have jurisdiction. The Counsels for the Hershey Company (in page 8, para 8) argued that the designation of ‘High Court’ should be under Section 2(1)(i) of the Patents Act, 1970.

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Technology & Marketing Law Blog

DECEMBER 11, 2023

What the second Circuit did say was that, like in the Jack Daniel’s case, the Wavy Baby used plaintiff’s trademarks and trade dress throughout the design of its product. But especially in a case of an alleged parody, that doesn’t answer the trademark use question. 218 (2017); Iancu v. Tam , 582 U.S. Brunetti , 139 S.

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SpicyIP

SEPTEMBER 11, 2023

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. Plus, I argue that the liability of such an agent should be analogized with legal practitioners for which we already have sound jurisprudence and laws regarding professional conduct.

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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.:

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Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” A Google search turns up three different pairs of designs with differing degrees of similarity. A jury agreed, finding that H&M had willfully infringed Unicolors’s fabric design.

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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

Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M. Pelton & Associates, PLLC.

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The IPKat

JUNE 12, 2022

In its assessment, the EUIPO First Board of Appeal (the board) noted a possible application of Article 7(1)(f) EUTMR on grounds that the word ‘COVIDIOT’ designates a person or a group in a derogatory manner in connection with ‘COVID’.

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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 expert opined that this “strongly suggests that P&P’s trade dress acquired secondary meaning.”

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Selvam & Selvam Blog

JULY 29, 2024

Double/Multiple Priority: Double or multiple priority refers to a situation in trademark law where an applicant claims priority from more than one earlier trademark application or registration in a single claim when filing a new application in another jurisdiction. For instance, ABC, Inc., If ABC, Inc. If ABC, Inc.

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Garrigues Blog

NOVEMBER 15, 2021

Often, during scrutiny and examination of an intellectual property portfolio, trade names will be found among the trademarks. It is not uncommon when reviewing a client’s intellectual property portfolio to find distinctive signs which in Spain are protected by trade names rather than trademarks. In particular, article 7.1

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The IP Law Blog

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

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IIPRD

JUNE 9, 2024

The metaverse acted as a virtual boundary in this design for the future. Any literary work, text, music, videos, 3D paintings, images, software programs, avatar designs, art, or literature will get protection under copyright in the metaverse. that identifies a product or a service that is distinguishable by a common man.

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The TTABlog

JANUARY 26, 2023

Patent and Trademark Office (USPTO), and if the trademark they want is “available” some nice person at the USPTO will “grant” it to them. trademark law that trademark ownership arises from using a chosen mark in offering and providing goods or services to the public. In the U.S. Supreme Court’s opinion in Matal v.

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Intepat

DECEMBER 4, 2023

One such feature is the concept of a provisional refusal, which signifies the initial objection or rejection issued by a national trademark office (referred to as the “Office of Origin”) when assessing an international trademark application filed through the Madrid System.

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Intepat

MAY 24, 2023

In the trademark registration process under the Madrid System, a provisional refusal refers to the initial objection or refusal issued by an individual national trademark office (known as the “Office of Origin”) in response to an international trademark application filed through the Madrid System.

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Technology & Marketing Law Blog

MARCH 10, 2022

493 (2017); Courtney J. Washington State’s Proposed Employer Social Media Law: The Legislature Should Take a Cautious Approach — SB 5211. Big Problems in California’s New Law Restricting Employers’ Access to Employees’ Online Accounts (Forbes Cross-Post). Social Media and Trademark Law” Talk Notes. SF Design Group.

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IP and Legal Filings

AUGUST 11, 2023

19] Being able to distinguish one’s trademark falls at the centre of the trademark law, as otherwise, it is liable to be rejected under Section 9(1) of the Act. Komal, Protection of non-traditional Trademarks: Issues and the Road Ahead, 11(2) TUCOMAT 695, 697 (2020). [2] 5] Trademark Act, 1999, §2, No.

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Trademark Registration Intellectual Property Intellectual Property Law 98

IP and Legal Filings

OCTOBER 23, 2023

In the year 2017 the market value of the E-commerce was $38.5 Image Sources: Shutterstock] Amid this growth, the issue of trademark infringement is faced by the trademark owners in online marketplaces. Secondly, The Indian laws need to be updated to provide for online enforcement of trademarks.

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LexBlog IP

SEPTEMBER 29, 2022

–Kat Eschner, The Story of Hollywood’s Most Famous Lion (2017). Here in a nutshell is the query the Court addressed: 16 Under Article 7(1)(b) of Regulation 2017/1001, trade marks which are devoid of any distinctive character shall not be registered. This was made possible through amendments to the Trademark Act B.E.

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IIPRD

JANUARY 21, 2022

Under the trademark law, the trade dress encompasses the visual aspect of a product and it comprises several distinctive features with respect to the shape, size, packaging, colour combination, textures, graphics etc. Additionally, ‘ mark’ has also been defined under Section 2(m) of the act to include the shape of goods, packaging etc.

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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 Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt.

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Designs Design Trademark Cease and Desist 52

LexBlog IP

FEBRUARY 3, 2022

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” The test turns upon the primary significance that the term would have to the relevant public.

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Designs Design Branding Brands 40

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. He worked for large companies, active worldwide in the food industry, which specialised in the design and development of recipes and culinary products for industrial use. dishes and seasonings) as works of IP. (1)

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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).

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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.

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IP and Legal Filings

FEBRUARY 20, 2024

” Dark patterns are deceptive tactics or design patterns that impair people’s autonomy, decision-making, or choice to force them to do something. However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. L., & Lemley, M.

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Technology & Marketing Law Blog

APRIL 29, 2023

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Benjamin * How Have Section 512(f) Cases Fared Since 2017?

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The IP Law Blog

MARCH 2, 2021

In Romag , the Court examined whether a plaintiff in a trademark infringement action is required to show that a defendant willfully infringed the plaintiff’s trademark to obtain a profits award. But even if the Court put aside these issues, its own survey of the case law was less convincing than Fossil would have had the Court believe.

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SpicyIP

DECEMBER 30, 2023

The Court noted that the Patents Act is specifically designed to deal with matters concerning allegations of unreasonable conditions in licence agreements, abuse of one’s status as a patentee, the necessary inquiry into these allegations, and eventually the relief that can be granted. Controller of Patents & Designs Patent Office Mumbai.

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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. Recent developments include e-filing and expedited examination procedures designed to facilitate registration.

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Technology & Marketing Law Blog

NOVEMBER 27, 2023

Examples of trademark experts with this view include professors Rebecca Tushnet and Jennifer Rothman ; attorneys Megan Bannigan, David Bernstein, Timothy Cuffman , and Jon Jekel ; and news reporters from the New York Times ( Adam Liptak ) and Bloomberg ( Greg Stohr ). Tam (2017) and Iancu v.

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SpicyIP

DECEMBER 31, 2024

Putting an End to some long standing Trademark Disputes Some of the longest-running battles in Indian Trademark Law have finally reached their conclusions! While these cases raised critical questions in Trademark Law, what truly unites them is the sheer time it took for the courts to deliver a verdict.

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