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A Year Since Hermès Verdict: The Tussle Between Trade Mark Rights and Artistic Freedom Continues

IP and Legal Filings

The dispute revolved around an antediluvian luxury handbag brand ‘Hermès’ and artist Mason Rothschild for his avant-garde creation called MetaBirkin NFTs. However, it is unlikely that people with deep pockets who often find themselves in the waitlist for Hermès bags be fooled by virtual unaffiliated products in the NFT market.

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Playing from a “Safe Distance”: Analysing the Rule, its Roots and Application in India

SpicyIP

Image by wirestock on Freepik Playing from a “Safe Distance”: Analysing the Rule, its Roots and Application in India By Samridhi Chugh In today’s age of ever-intensifying market competition and mounting infringement litigation, it is only inevitable that the judiciary finds itself compelled to continually update its enforcement arsenal.

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Lidl v Tesco – Court of Appeal overturns copyright infringement finding

Kluwer Copyright Blog

On 19 March 2024, the Court of Appeal handed down its decision on the appeal in the Lidl v Tesco case ( [2024] EWCA Civ 262 ), holding as follows. These were used as part of a marketing campaign by Tesco to indicate to customers which products were subject to discounted prices for Clubcard holders.

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Trademark Tussle: Blenders Pride vs. London Pride – A Legal Saga Unraveled

IP and Legal Filings

Karanveer Singh Chhabra, emerges as a poignant saga, pitting the stalwarts of the liquor industry against each other in a quest for brand integrity and consumer trust. Whether the consumers of such products be able to differentiate between both brands? In this realm, the case of Pernod Ricard India Pvt.

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Supermarket Showdown (Lidl v Tesco) – Lidl’s rights (trade marks and copyright) in the Lidl logo are infringed by Tesco’s “Clubcard Price” signs

Kluwer Copyright Blog

On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”. These are currently expected to be heard by September / October of 2024. The precise details of what is being appealed is not yet known.

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SpicyIP Weekly Review (February 05- February 11)

SpicyIP

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. Image from here A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024 Just Keep it Simple! Case Summaries Gujarat Cooperative Milk Marketing v.

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SpicyIP Weekly Review (December 18- December 24)

SpicyIP

on December 20, 2023(Delhi High Court) Image from here The Plaintiff owned 5 Standard Essential Patents (SEPs) relating to wireless communication technology which the Defendants were allegedly using in their mobile phones being sold under the brand name of OnePlus without the license to do so. . & Ors. Pharmacyclics LLC & Anr.