SpicyIP

OCTOBER 9, 2024

In the present case, the Plaintiff, a furniture seller, was selling his products under the brand name ‘Maharaja’ on Flipkart and various other e-commerce websites. Other furniture sellers, latching on to Maharaja’s listing, used Plaintiff’s product image as well as brand name and tagged themselves as the alternative sellers of the goods.

Branding 95

Branding Branding Brands Trademark 95

IPilogue

MARCH 27, 2023

As the world entered January 2023, many excitedly anticipated that Disney’s copyright protection of Mickey Mouse in the United States (US) would expire at the end of 2023, allowing Mickey Mouse to enter the public domain as of January 1, 2024. Mickey Mouse is protected as Disney’s property because it is a registered trademark.

Public Domain 105

Public Domain Copyright Law Copyright Registering Trademarks 105

IP and Legal Filings

OCTOBER 23, 2024

A brand’s name, particularly when it takes the shape of a trademark, can define its identity, reputation, and value, making it an asset that is valuable to safeguard. Trademarks are unique “marks”, names, symbols, signs, words or phrases that define a brand or company’s products or services.

Trademark 62

Trademark Registration Branding Branding 62

IP and Legal Filings

OCTOBER 18, 2024

Infosys trademark was adopted and registered as this trademark Infosys in 1987, and it has been used continuously till now. On July 18, 2023, the plaintiff 2 observed unauthorised use of the Infosys trademark and informed the defendant about it. Despite this, the defendant failed to respond.

Trademark 98

Trademark Cease and Desist Branding Branding 98

TorrentFreak

AUGUST 7, 2023

While that timed out on July 27, 2021, blocking continued during the 2021/2022 and 2022/2023 seasons under the authority of the High Court. The injunction allows the Premier League to block pirate IPTV services during the 2023/24 season and then the 2024/2025 season after that.

Branding 83

Branding Branding Brands Public Domain 83

IIPRD

OCTOBER 7, 2024

Moreover, the IPR eases the market development and establishes a solid brand identity. The environment is branded by the active interaction of various stakeholders, including the entrepreneurs, investors, incubators accelerators, and the administration forms. The Trade Marks Act of 1999 allows any startup to file trademarks.

Intellectual Property 98

Intellectual Property Government Invention Branding 98

Corsearch

FEBRUARY 14, 2023

While the price of consumer goods continues to climb, Valentine’s Day spending in the US is still on course to reach $26 billion in 2023 [1]. The average US consumer is planning to spend $192 on Valentine’s Day gifts in 2023, up by 8% from 2022 – and just shy of 2020’s record ($196), according to The National Retail Federation [2].

Trademark 52

Trademark Non-Fungible Tokens IP Branding 52

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. 2023) (slip op., 2] Rogers v.

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

The IPKat

APRIL 29, 2024

Mr Malovic also shared statistics, which prove that registered numbers of non-conventional trademarks remain low with a decreasing trend: in 2023, they were 0,29% of the total number of registered trademarks before the EUIPO.

Reporting 56

Reporting IP Law Trademark 56

IPilogue

MARCH 27, 2023

As the world entered January 2023, many excitedly anticipated that Disney’s copyright protection of Mickey Mouse in the United States (US) would expire at the end of 2023, allowing Mickey Mouse to enter the public domain as of January 1, 2024. Mickey Mouse is protected as Disney’s property because it is a registered trademark.

Public Domain 40

Public Domain Copyright Law Copyright Registering Trademarks 40

Garrigues Blog

OCTOBER 17, 2023

Indemnifiable damage Before this judgment, the prevailing opinion of the provincial appellate courts was to support that where the products reproducing or imitating registered trademarks were not being sold, the owner of intellectual property rights was not entitled to any indemnification as civil liability arising from the committed offense.

Trademark 52

Trademark Intellectual Property Registering Trademarks Marketing 52

LexBlog IP

JULY 26, 2023

Supreme Court’s highly anticipated trademark decision over a dog toy was a victory for trademark owners, as it bolstered the ability to protect their trademarks and brands. VIP Products LLC , handed down June 8, 2023, unanimously overturned the U.S. The decision in Jack Daniel’s Properties, Inc.

Trademark 52

Trademark Branding Branding Brands 52

SpicyIP

OCTOBER 14, 2024

The Court observed that in cases of trademark infringement, if the defendant’s mark is found to be identical to the plaintiff’s registered trademark, it constitutes infringement, requiring no further examination. The Respondent, engaged in a similar business, applied for the trademark in 2023.

Trademark 86

Trademark Registering Trademarks IP Copyright 86

LexBlog IP

APRIL 19, 2023

. “Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product. To legally put their own trademark on a product originally made by a third party, the seller should first obtain permission from the third party in writing.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

SpicyIP

FEBRUARY 13, 2023

The court further held that “mere international usage of the ‘ALPHARD’ trademark by the Petitioner company is not sufficient to prove spillover of its transnational reputation in India” Delhi High Court grants an interim injunction to the Plaintiff, despite non-use of the mark for 30 years.

Designs 52

Designs Design Trademark Cease and Desist 52

LexBlog IP

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.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

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.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

SpicyIP

FEBRUARY 7, 2024

A bit of factual background before we move ahead to the legal analysis: Allied Blenders, a liquor manufacturer, has held a registered trademark for ‘OFFICER’S CHOICE PRESTIGE WHISKY’ label since 2013. Hermes Distillery (P) Ltd. ’ In the case of Pernod Ricard India Private Limited v. .’

Copying 64

Copying Trademark Branding Branding 64

43(B)log

JANUARY 27, 2023

2023 WL 416080, No. Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book.

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

The TTABlog

JANUARY 26, 2023

Tam (2017), holding a portion of the nation’s statutory trademark law unconstitutional, Justice Alito wrote: “It is unlikely that more than a tiny fraction of the public has any idea what federal registration of a trademark means.” It certainly is not the way you “get” a trademark. Cumbow 2023. Text Copyright Robert C.

Trademark 62

Trademark Registration Trademark Law Business 62

43(B)log

JULY 3, 2023

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria De Alimentos Zenu S.A.S. Latinfood U.S. This makes Colombians abroad get tricked.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

IP and Legal Filings

MAY 17, 2024

Daler Mehendi, a known singer and the plaintiff in the present case, had a registered trademark over the letters “DM” and established a business called “D.M. It is a common tort law aspect and can be used for unregistered trademarks. 3] CS (COMM) 652 of 2023. [4] Entertainment v. Entertainment Pvt.

Personality Rights 94

Personality Rights Intellectual Property Social Media Intellectual Property Law 94

LexBlog IP

MARCH 10, 2022

Below are the most notable changes made by the TMA and key takeaways for trademark practitioners and brand owners. New Procedures for Challenging Registered Trademarks and Pending Applications. Several of these changes took effect in December 2021, while other changes will be implemented later this year.

Trademark 52

Trademark Registration Intellectual Property Intellectual Property Law 52

SpicyIP

DECEMBER 5, 2022

The last date to send the entries is January 2, 2023. Delhi High Court decreed the suit in favor of the Plaintiff and inter alia directed the Defendant to assign its trademark ‘Saptrishi Sandhi Sudha India’ in favor of the Plaintiff, as undertaken by it in its affidavit. Case Summaries. on 25 November, 2022 (Delhi High Court).

Trademark 91

Trademark Registering Trademarks Registration IP 91

IIPRD

OCTOBER 14, 2022

It is overwhelming that the value of FinTech transactions is projected to increase from $66 billion in 2019 to US$138 billion in 2023 with a current rate of 20% compound annual growth. Thus, the programmers in FinTech are always to register their work before the competent Authority and protect their work from violation. CONCLUSION.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. ” Michael Nash, April 26, 2023 Again, Nash’s statement is correct as far as it goes. Artists also may own registered trademarks in their names for use as source identifiers.

Music 86

Music Copyright Copying Copyright Law 86

SpicyIP

OCTOBER 16, 2024

Template from here In the foreground of today’s fiercely competitive offline and digital marketplaces, where brands engage in neck-to-neck battles for visibility, the role of colours in trademarks has become a focal point of legal discourse. Deputy Registrar of Trademarks and Promoshirt SM S.A.

Trademark 93

Trademark Registration Branding Branding 93

IP and Legal Filings

JANUARY 22, 2023

It is simply the unauthorised use of the exclusive rights associated with a registered trademark without the owner’s or licensees’ consent. They might improperly profit from the well-earned reputation of the registered trademark. On the other hand, Defendant No. 1 is Imperial Cycle Mfg. Defendant No.

Trademark 95

Trademark Registering Trademarks Social Media Business 95

SpicyIP

DECEMBER 24, 2023

vs Mr. Anish Jain Trading as M/s Navkar Cosmo on December 20, 2023 (Delhi High Court) The Plaintiff contended that the Defendants had adopted identical packaging of its products, including eyeliner, kajal and mascara, and had only replaced the Plaintiff’s ‘GET BOLD’ mark with ‘NEW BOLD’, keeping the writing style and artwork identical.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

JANUARY 9, 2023

SpicyIP Tidbit: CGPDTM notifies Trademark and Patent Agent Examinations. In this tidbit , Praharsh informed our readers about the re-notification of the Trademark and Patent Agent Examination 2023. While the Patent Agent Examination took place in 2022, the Trademark Agent Examination is taking place after a gap of 10 years!

Trademark 88

Trademark IP Registration Reporting 88

43(B)log

APRIL 5, 2024

plaintiff's RAW defendant's Raw Garden Also over a dissent, the panel finds that a court can order trademark applications cancelled, not just registrations. BBK sells smoking-related products with RAW branding; CCA allegedly infringed by selling cannabis products with the mark “Raw Garden.” BBK Tobacco & Foods LLP v.

Registration 59

Registration Trademark Registering Trademarks Ownership 59

SpicyIP

FEBRUARY 12, 2024

Introduced to incorporate the Jan Vishwas Act amendments within the Trade Marks Act, the proposed Rules prescribe an adjudication mechanism to hear complaints alleging false representation of a mark as a registered trademark. Read Tejaswini’s post on the recent DHC order concerning these two liquor brands.

Trademark 78

Trademark Social Media Registering Trademarks Copyright 78

SpicyIP

DECEMBER 8, 2023

The Delhi High Court, on 30 November 2023, determined that a mark’s global reputation or asserted goodwill alone would not suffice to establish a trans-border reputation claim. This can further risk violating Article 16 of the TRIPS agreement (rights conferred on the owner of a registered trademark), which aligns with Article 6bis.

Technology 59

Technology Trademark Business Branding 59

SpicyIP

MAY 15, 2023

Deadline for the Applications: 11:59pm IST, 23rd June, 2023. Recently, tech brands Rario and Striker found themselves in a tussle over the exclusive right to use images and names of famous cricket players on their respective Online Fantasy Sports Platform. on 1 May, 2023 (Delhi High Court Order No. Case: Holyland Marketing Pvt.

Trademark 80

Trademark Registration Cease and Desist IP 80

SpicyIP

JANUARY 8, 2024

Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India. Verizon Trademark Services Llc vs Verizone Broadband Services Pvt Ltd.

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59

SpicyIP

AUGUST 26, 2024

Further, it was alleged that they were diluting and tarnishing the brand by publishing AI-generated deepfake content using the said characters image and appearance across online platforms, including pornographic websites, which, the plaintiff argued, was detrimental to the overall reputation and goodwill amassed by the show over the years.

Personality Rights 99

Personality Rights Privacy Copyright Trademark 99

SpicyIP

AUGUST 30, 2021

and the socio-legal opportunism of the defendants’ arguments for condonable trademark infringement, set in the backdrop of the ongoing global pandemic. s copyright and registered trademark by thrusting its deceptively similar goods and flooding the high-in-demand but low-in-knowhow market, with its imitation products.

Non-Fungible Tokens 86

Non-Fungible Tokens Fair Use Advertising Advertising 86