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 To legally put their own trademark on a product originally made by a third party, the seller should first obtain permission from the third party in writing.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

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. The order was temporarily stayed pending full authentication of the Colombian registrations.

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False Advertising Advertising Advertising Registration 59

LexBlog IP

MARCH 10, 2022

The Trademark Modernization Act (“TMA”) was signed into law on December 27, 2020. 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.

Trademark 52

Trademark Registration Intellectual Property Intellectual Property Law 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

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).

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Trademark Registering Trademarks Registration IP 93

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

SpicyIP

DECEMBER 24, 2023

UK Supreme Court Confirms No Patent for “AI-invented” Inventions Image from here On December 20, the UK Supreme Court affirmed its previous decision to deny registration to inventions by Dr. Stephen Thaler’s AI DABUS, holding that an AI software cannot be listed as an inventor. SpicyIP intern Vedika discusses this development.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

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. 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.

Registration 59

Registration Trademark Registering Trademarks Ownership 59

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 79

Trademark Registering Trademarks Social Media Business 79

SpicyIP

JANUARY 9, 2023

Registrar of Trademarks and Ors., whereby the court held the mark to be in custody of the court and held the registration of the mark ‘Jawa’ in favor of Respondent no. SpicyIP Tidbit: CGPDTM notifies Trademark and Patent Agent Examinations. vs Controller Of Patents on 4 January, 2023 (Delhi High Court).

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Trademark IP Registration Reporting 90

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. Registrar to rectify the Register by removal of the impugned mark.

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Trademark Registration Cease and Desist IP 82

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. Discussing the historical foundation of refusing registration to such marks Prof.

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Trademark Registering Trademarks Public Domain Registration 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 80

Trademark Social Media Registering Trademarks Copyright 80

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 lack of differentiation led to a limited discussion on the standalone importance of the reputational aspect associated with trademarks.

Technology 59

Technology Trademark Business Branding 59

LexBlog IP

JUNE 21, 2023

Of course, each use stems from the shorter phrase “make your mark,” embodying the mere notion of the archer hitting the target , or maybe even the less educated simply indicating agreement with an initial, an X, or a cross , or at times a craftsman adding “ a maker’s mark—essentially personal branding.”

Registration 52

Registration Trademark Law Trademark Law 52

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.

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Non-Fungible Tokens Fair Use Advertising Advertising 89

LexBlog IP

JUNE 20, 2023

Many consumer product brands seek to enroll in online enforcement programs, for example, Amazon Brand Registry and eBay VeRO. Regardless of whether brand owners of registered trademarks utilize online enforcement programs or simply submit takedown notices on e-commerce sites, they should not forget about prior common law users.

Cease and Desist 52

Cease and Desist Law Registering Trademarks Branding 52

IP Intelligence

JUNE 19, 2023

Many consumer product brands seek to enroll in online enforcement programs, for example, Amazon Brand Registry and eBay VeRO. Regardless of whether brand owners of registered trademarks utilize online enforcement programs or simply submit takedown notices on e-commerce sites, they should not forget about prior common law users.

Cease and Desist 52

Cease and Desist Law Registering Trademarks Branding 52

IP Intelligence

JUNE 20, 2023

Many consumer product brands seek to enroll in online enforcement programs, for example, Amazon Brand Registry and eBay VeRO. Regardless of whether brand owners of registered trademarks utilize online enforcement programs or simply submit takedown notices on e-commerce sites, they should not forget about prior common law users.

Cease and Desist 52

Cease and Desist Law Registering Trademarks Branding 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. VIP Products (2023) opinion and its other trademark cases. Tam (2017) and Iancu v.

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Registration Trademark Blogging Law 75

SpicyIP

FEBRUARY 5, 2023

Case Summaries Delhi High Court cancels a registered mark on the basis of an unregistered similar device mark. on 30 January, 2023 (Delhi High Court) Can a registered trademark be cancelled on the basis of an unregistered similar device mark? Case: Raj Kumar Sharma vs Sandeep Kumar & Anr. 11 th Nov.

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Music Copyright Trademark IP 102

Technology & Marketing Law Blog

JUNE 21, 2023

Many trademark attorneys and professors hoped the Supreme Court would provide more guidance on how to resolve conflicts between trademark and free speech rights in Jack Daniel’s Properties, Inc. VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky.

Trademark 101

Trademark Blogging Trademark Law Fair Use 101