Kashishipr

SEPTEMBER 20, 2021

Under Section 2(c) of The Copyright Act of 1957 , the label is an original artistic work. In May 2007, the label mark ‘SOYA DROP’ was registered. It was in October 2020 when SSPL came to know about NTC’s use of a similar label and trade dress for its set of soya bean edible oil products.

Registration 98

Registration Artistic Work Copyright Registering Trademarks 98

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 3d, 1170, 1175-1176 (2020). [18]

Fair Use 130

Fair Use Trademark Cease and Desist Design 130

LexBlog IP

JUNE 16, 2023

.” [1] The Case In the District Court , Ninth Circuit and Oral Argument in the Supreme Court Jack Daniels Properties, Inc. (“Jack Daniels”), which owns registered trademarks for “JACK DANIELS”, “OLD NO. 3d, 1170, 1175-1176 (2020). [18] ’ §1125(c)(3)(A). 1669, 1683-1684 n.58

Fair Use 52

Fair Use Cease and Desist Trademark Design 52

LexBlog IP

JUNE 16, 2023

.” [1] The Case In the District Court , Ninth Circuit and Oral Argument in the Supreme Court Jack Daniels Properties, Inc. (“Jack Daniels”), which owns registered trademarks for “JACK DANIELS”, “OLD NO. 3d, 1170, 1175-1176 (2020). [18] ’ §1125(c)(3)(A). 1669, 1683-1684 n.58

Fair Use 52

Fair Use Cease and Desist Trademark Design 52

IIPRD

SEPTEMBER 17, 2021

According to the Indian Design Act, if your design is registered under the Designs Act it is not eligible for protection under Copyright Act, even if it is artistic work. However, if you register under the Copyright Act, then your product will be restricted to 50 pieces. It is an either-or choice. Class 12 (Vehicles).

Editing 52

Editing IP Artistic Work Design 52

43(B)log

OCTOBER 4, 2021

Indeed, the PTO has increased its focus on whether the use an applicant is making is trademark use, as opposed to ornamental or informational use, in its registration decisions. Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function.

IP 94

IP Trademark Advertising Advertising 94

Technology & Marketing Law Blog

JUNE 21, 2023

It is clear after Jack Daniel’s that Rogers ’ threshold test for infringement liability cannot apply to a “‘ quintessential trademark use ’ like confusing appropriation of the names of political parties or brand logos.”

Trademark 96

Trademark Blogging Trademark Law Fair Use 96