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. It’s not legally required.

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Trademark Registration Trademark Law Business 60

IP and Legal Filings

MARCH 5, 2023

Riju Ghoshal, 2022 SCC OnLine Bom 626 acknowledged that the plaintiff’s “RPG” marks have grown to be recognised trademarks under Section 2(1)(zg) of the Act. The plaintiff had been utilising the RPG Enterprises Logo (Label) since 1987 and was the registered copyright owner of that logo in India.

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Trademark Registration Business Social Media 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 105

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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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.

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Trademark Registration Intellectual Property Intellectual Property Law 52

SpicyIP

FEBRUARY 13, 2023

Highlights of the Week The Copyright Quandary regarding the Delhi High Court Rules on Live-streaming of Court Proceedings Recently Delhi High Court came up with ‘Live Streaming and Recording of Court Proceedings Rules’ which would be a positive step towards assuring better access to law and transparency.

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Designs Design Trademark Cease and Desist 52

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.

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Intellectual Property Confidentiality Copyright Technology 52

Kashishipr

SEPTEMBER 29, 2022

For instance, a trademark safeguards the brand name, slogan, logo, tagline, etc., Copyright safeguards the original works of authorship, including artistic, musical, dramatic, and literary works, such as novels, computer software, poetry, movies, architecture, songs, etc. associated with a product.

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Branding Brands Branding Intellectual Property 52

SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.

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Registration Trademark Copyright Registering Trademarks 52

The IP Law Blog

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review.

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IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? US Copyright Office says no to “RAGHAV”s work, even as the same work remains registered as a copyright in India. Read this post by SpicyIP intern Vedika, to know more. ‘AI

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IP Trademark Advertising Advertising 59

LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

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 105

SpicyIP

DECEMBER 11, 2023

Read Yogesh’s detailed post examining the issues concerning copyrightability, permanent fixation, and the mural’s setting. vs LDD Bioscience Private Limited on 30 November, 2023 (Delhi High Court) The Delhi High Court granted an ad interim injunction to the plaintiff against the defendant’s use of “Tumotin” mark.

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Trademark Fair Use Moral Rights Art 103

SpicyIP

AUGUST 14, 2023

Controller General of Patents on 9 August, 2023 (Delhi High Court) The Delhi High Court illustrated the prescribed process to file a post grant opposition within the Indian Patent Act and Rules and set aside the recommendations of the Opposition Board. Image from here Case: Akebia Therapeutics Inc v. Case: Econcore vs Anjali Technoplast Ltd.

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Trademark Registration Art Reporting 98

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 the detailed comments authored by Pranav, Praharsh, Swaraj, and Reva on these Rules. Read on for more!

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Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

MAY 15, 2023

The series presently contains 50+ Copyright related empirical studies and 50+ Patent related empirical studies published over the period of the last 15 years, and this will continue to be expanded over time. Deadline for the Applications: 11:59pm IST, 23rd June, 2023. Registrar to rectify the Register by removal of the impugned mark.

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Trademark Registration Cease and Desist IP 104

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

DECEMBER 12, 2022

Please note: we no longer have any internship vacancies till after February 2023 now). Calcutta High Court allowed an application for rectification directing the Trademarks Registrar to cancel the registration granted to and remove the impugned mark ‘Neemyle’. Case Summaries. Prabhakar v. Louis Vuitton Malletier v.

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Copyright Infringement Settlement Registration Trademark 105

SpicyIP

FEBRUARY 27, 2023

on 23.02.2023 (Delhi High Court) The plaintiff who was engaged in the business of pipes, plumbing and the likes had obtained various registrations in respect of the ‘CPVC PRO’ and ‘CPVC PRO’ formative trademarks prior to launching Chlorinated Polyvinyl Chloride (CPVC) piping systems in India. Case: Astral Ltd. Ashirvad Pipes Pvt.

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Trademark IP Registration Technology 104

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 105

SpicyIP

FEBRUARY 5, 2023

The guidebook discusses various aspects where archival practice intersects with the law and addresses issues around access to physical records, reproduction of copyrighted material, data protection law and privacy, in order to make important historical documents available to researchers and the wider public. 11 th Nov.

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Music Copyright Trademark IP 119

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

IP Intelligence

JUNE 20, 2023

These consumer product brands often experience online infringement and counterfeiting issues, so recording their registered trademarks with brand registries and participating in an online enforcement program can help with identifying infringements and streamlining the takedown process. are based on use, not registration.

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Cease and Desist Law Registering Trademarks Branding 52