Garrigues Blog

NOVEMBER 6, 2023

The General Court of the European Union recently refused to allow registration of the “BECAUSE THERE IS NO PLANET B” mark for cosmetic products, stationery and other accessories, holding that it lacked the distinctive character required for the general public to identify it as a trademark.

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LexBlog IP

JULY 12, 2023

The new social media platform Threads was launched on July 5, 2023. As users rush to join the platform, brands should also prioritize claiming accounts in order to guarantee the availability of their choice names—and to prevent potential bad faith registrants.

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Kashishipr

SEPTEMBER 29, 2022

Protection of Essential Intellectual Property Rights. Before enforcing rights in Intellectual Property (IP) , it is imperative to safeguard the different aspects of a product or service. For instance, a trademark safeguards the brand name, slogan, logo, tagline, etc., associated with a product.

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SpicyIP

DECEMBER 5, 2022

We discussed the recent updates in Delhi, Madras and Calcutta High Courts, regarding adjudication of intellectual property right matters. Highlighting the change in roster of the Intellectual Property Division (IPD), we also discussed the progress, with regard to similar arrangements, in Calcutta and Madras High Courts.

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Trademark Registering Trademarks Registration IP 93

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.

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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. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. .

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IP Intellectual Property Social Media Cease and Desist 98

LexBlog IP

APRIL 27, 2023

It found that the plain meaning of “proceeding” includes court cases because court cases can “affect” a trademark. This includes, among other things, determining whether someone has the right to register a mark, canceling a registered mark or restoring canceled registrations. [3] 9] 2023 U.S.

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LexBlog IP

JANUARY 12, 2023

As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

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. The last date for submission of entries is February 29, 2024.

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SpicyIP

DECEMBER 11, 2023

Highlights of the Week Jab “We” Met: When Intellectual Property (IP) Met Public Interest (PI), a Poem Image from here When IP met PI (Public Interest)! The court held that the defendant’s mark is deceptively similar to the plaintiff’s “Tumorin” trademark. Anything we are missing out on? Please drop a comment and let us know.

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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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SpicyIP

SEPTEMBER 8, 2023

Within weeks of its grant, Dabur raised concerns about the ex parte nature of the order, asserting that it had not been granted the due opportunity to present its opposing arguments since the initial hearing took place on August 7, and the order was issued on August 9, 2023, before they could respond.

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SpicyIP

FEBRUARY 12, 2024

His passion lies in understanding the intersection of economics and public health with intellectual property rights. Plausibility’ and Admissibility of Post-Published Data in India In May 2023, the UK Court of Appeal upheld the invalidity of Bristol-Myers Squibb’s Apaxiban patent for lacking “plausibility”. Read on for more!

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SpicyIP

DECEMBER 8, 2023

She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law. 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. Her previous posts can be accessed here. ]

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Technology Trademark Business Branding 59

LexBlog IP

JUNE 21, 2023

2294 (2019), and even Jack Daniel’s Properties, Inc. LLC , 599 U.S. _ (2023), and the First Amendment, as I and some colleagues recently described. ” Vidal presents the question of whether the refusal to register a mark under 15 U.S.C. Japanese Trademark Law, Article 4(1)(viii). Tam , 137 S. Brunetti , 139 S.

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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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LexBlog IP

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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SpicyIP

FEBRUARY 17, 2023

He is an intellectual property law practitioner based out of New Delhi. Long post ahead] Interplay Between Sections 124, 47 and 57 of the Trade Marks Act, 1999: The Fault in Our Interpretations Pratham Malhotra and Rajat Jain Pratham Malhotra On 9 th January 2023, Hon’ble Mr. Justice C. What’s the deviation?

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Technology & Marketing Law Blog

JUNE 21, 2023

The Trademark Infringement Claim A new gateway requirement for application of the Rogers test. Trademark registrations for informational, expressive, or decorative subject matter can chill expression protected by the First Amendment and be invoked to stifle use of that language or design in the same way by competitors.

Trademark 101

Trademark Blogging Trademark Law Fair Use 101