IPilogue

NOVEMBER 17, 2022

Two sections recently added to Canada’s Trademark Act of 1985 (“the Act ”) mention bad faith. In a December 2018 amendment, the Act added section 18(1)(e) , which states that a trademark registration is invalid if the application was filed in bad faith. Similarly, a 2019 amendment included bad faith in section 38(2)(a.1)

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Erik K Pelton

DECEMBER 31, 2021

Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. trademarks for clients and has represented hundreds of parties in trademark disputes. Past issues of Top Trademark Trends: 2020: [link].

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SpicyIP

APRIL 4, 2022

The defendant, on the other hand, argued that they had filed for registration of their mark ‘Dil Afza’ in 2018, claiming that the same has been in use since 1949. They claimed that in March 2020, the defendant launched a syrup/sharbat ‘Dil Afza’ with a mark, get-up and design deceptively similar to that of the plaintiff’s.

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IPilogue

SEPTEMBER 9, 2022

All that said, a trademark does not necessarily have to be displayed visually to trigger a trademark infringement lawsuit. After the release of “Black Mirror: Bandersnatch” in 2018, Netflix was sued by Chooseco , a children’s book publisher known for their ‘game books’ titled Choose Your Own Adventure.

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IPilogue

DECEMBER 21, 2022

A quick search on the USPTO’s trademark database shows that Apple first filed the trademark registration for SMART KEYBOARD back in December 2015 as an iPad Pro accessory. The USPTO rejected the application in 2018, and the Trademark Trial and Appeal Board (“TTAP”) upheld this decision in 2021. A string of refusals.

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SpicyIP

SEPTEMBER 16, 2024

The Single Judge Bench (SB) consisting of Justice Sanjeev Narula made some intriguing observations regarding the trademarkability of the mark “Aashiqui” as a movie franchise and restraining its use by other entities. A Lot is a Name! Ameya Vinod Khopkar Entertainment (2020) over “De Dhakka”. Lyca Productions v.

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LexBlog IP

JULY 22, 2022

As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering trademarks in front of the USPTO.

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The IPKat

SEPTEMBER 15, 2022

However, this was not the first move towards embracing international exhaustion regime in Russian law. In 2018, the Constitutional Court issued a ruling in a trademark case involving medical supplies produced by the Sony Corporation. These provisions were further transferred into the Civil Code in 2006.

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Erik K Pelton

DECEMBER 20, 2022

Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. trademarks for clients and has represented hundreds of parties in trademark disputes. Past issues of Top Trademark Trends: 2021: [link].

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IP and Legal Filings

SEPTEMBER 17, 2021

In India, as of 2018, the industry was valued at over five trillion INR and is expected to reach about 223 billion dollars by 2021. With the introduction of technologies such as 3D printing or laser printing, patent laws have entered the fashion industry. The importance of trademarks in the fashion industry. dollars in the USA.

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IP and Legal Filings

MARCH 11, 2025

Trademark law jurisprudence thus faces a dilemma over the efficient use of procedure and protecting rights. CONCLUSION The Interplay of the Section 47, 57, and 124 of the Act gives a fascinating affair between form and substance throughout the process of trademark adjudication. 2018) 2 SCC 112. Diesels Ltd.,

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Kashishipr

DECEMBER 15, 2021

The trademark was registered for a 3D shape of 250 GTO in three classes: Class 12 (Vehicles), Class 25 (Clothing), and Class 28 (Games and playthings). Another car company, ARES Design, announced its plans to bring a modern take on the classic 250 GTO model in 2018. The protection only applies in the UK. Registration took two years.

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SpicyIP

MAY 14, 2022

He has published extensively on pharmaceutical, design, copyright protection of standards, competition policy, and other intellectual property issues; antitrust law; legal construction of the marketplace; technology transfer; and the role of intellectual property law and policy in shaping these diverse areas. Natco, (M.P.Nos.74

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IPilogue

AUGUST 4, 2022

The applicant, Beijing Judian Restaurant Co (“Judian”), has operated restaurants in Vancouver and Richmond since 2018, along with numerous well-known ( served over 5,750,000 customers between 2011 and 2019 ) restaurants in China since 2005. The applicant noted similar provisions in EU and UK trademark law that have been adjudicated.

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TorrentFreak

JUNE 26, 2024

Early January 2018, the platform acknowledged it had around 55 million global users then in December the same year, that figure had suddenly grown to 271 million. We honor valid removal requests based on infringements of copyright law and trademark law.”

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The IP Law Blog

DECEMBER 1, 2022

In 2018 a district court judge ruled that the toy infringed Jack Daniel’s trademarks. The dog toy made by VIP Products LLC parodies Jack Daniel’s famous bottle, replacing “Old No. 7” and “Tennessee Whiskey” labeling with “Old No. 2 On Your Tennessee Carpet.”.

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SpicyIP

NOVEMBER 23, 2021

While doing so, the Court disregarded many of the foreign judgements cited by Google which held invisible use of trademarks as failing to constitute infringement; and highlighted the stark differences in trademark law in each jurisdiction, especially when compared to India. CS(COMM) 1287/2018, High Court of Delhi.

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Erik K Pelton

DECEMBER 28, 2020

Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. trademarks for clients and has represented hundreds of parties in trademark disputes. Past issues of Top Trademark Trends: 2019: [link].

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The IP Law Blog

SEPTEMBER 9, 2021

Global fashion brand Nine West recently filed a Notice of Opposition with the Trademark Trial and Appeal Board contesting the registration of the mark “Nina West” by a company owned by Andrew Levitt, drag name Nina West. Nine West, popular for its shoe, handbag, and accessory lines, filed for bankruptcy in 2018.

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The IP Law Blog

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose. on a dry weight basis.” 1639o(1). (The

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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.

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IPilogue

FEBRUARY 16, 2023

On November 7, 2018, Pest Control, Banksy’s authentication body, filed an EU trademark claim on behalf of the artist for Laugh Now. Typically, artists protect their artwork using only copyright law. Trademark law allows Banksy to remain anonymous and maintain his mysterious artistic persona.

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Above the Fold

JULY 22, 2022

As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering trademarks in front of the USPTO.

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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. Jacob & Nidhi Kulkarni, Non-traditional Trademarks: Has India Secured an Equal Footing , 9 Indian J Intell Prop L 47, 49 (2018); Dr. Mwirigi K.

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Trademark Registration Intellectual Property Intellectual Property Law 98

LexBlog IP

JUNE 16, 2022

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” ” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose.

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IP and Legal Filings

OCTOBER 23, 2023

344/2018]. [5] 344/2018]. [6] 344/2018]. [7] Author: Shruti Sinha, A Student at NUSRL, Ranchi, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing [1] India’s GDP Compund Annual Growth Rate (2022) Report, World Economics. [2] 4] [Civil Suit No. 27-10-2009). [8]

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Garrigues Blog

FEBRUARY 5, 2024

regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. They claimed the lawfulness of such use under the limitations specified in Article 37 of the Trademark Law, both in its original version and as modified by Directive 2015/2436.

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The IP Law Blog

NOVEMBER 24, 2021

A group of patent challengers, Unified Patents, filed a petition for inter partes review (IPR) in 2018, seeking to invalidate the patent’s claims on obviousness grounds. Mobility sued T-Mobile and Verizon Wireless for patent infringement in the Eastern District of Texas in 2017. Mobility appealed to the Federal Circuit.

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43(B)log

MARCH 9, 2022

“[T]he URL merely shows how the website’s data is organized and/or the search term entered by the consumer, and … this does not violate trademark law.” False designation of origin/false advertising: Lasoff v. Amazon.com, Inc., App’x 400, 401 (9th Cir.

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SpicyIP

SEPTEMBER 12, 2024

Started in 2018, the 2nd edition of Overlapping IP Rights (OUP) was brought to completion in 2023 by his co-editor, the inimitable Prof Neil Wilkof, along with Prof Irene Calboli who came on as a co-editor following Prof Basheer’s demise. As Wilkof notes in the preface, this was an edition that Basheer and Wilkof had started work on in 2018.

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Traverse Legal Blog

JANUARY 26, 2021

One approach is to obtain federal trademark registration for any lawful goods and/or services that a business is providing at this time, such as hemp and CBD products. The 2018 Farm Bill removed “hemp” from the CSA’s definition of marijuana, which allows cannabis plants and derivatives, such as CBD, that contain no more than 0.3%

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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. 2] CS(COMM) 76/2018. [3] 4] RFA (OS)(COMM) 13/2018 & CM 29064/2018. [5] 5] CS(L) NO.1100

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Corsearch

NOVEMBER 20, 2023

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. A study published in 2018 found that overall incidents of drug name confusion of all types had decreased when comparing two periods, 2000-2004 and 2012-2016 1.

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IPilogue

NOVEMBER 22, 2022

To discuss future legal considerations arising from this trend of trademarking “unusual” marks, including poses and gestures, we must first understand the purpose and limits of trademarks. The essential purpose of trademark law is to allow one entity to distinguish its goods and services from another’s.

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SpicyIP

OCTOBER 16, 2024

2005), where the Delhi High Court acknowledged the red-and-white combination as a part of its distinctive trade dress, to Christian Louboutin’s (2018) fallen battle for trademarking the red colour in its shoe soles, colour as an element has been at the centre of some of the most eye-catching trademark disputes in India.

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Dear Rich IP Blog

SEPTEMBER 16, 2020

A company from Coral Gables, Florida applied for the Louise Brooks trademark in 2018. The application seemed doomed in February 2019, when the USPTO trademark examiner issued a final office action (FOA) denying registration. 15 USC Sec.

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IP and Legal Filings

OCTOBER 31, 2022

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party.

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