Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Setting aside the aggressive marketing campaign to establish this blue as their signature colour this time around, it is a matter of great debate whether Burberry can attain trademark protection for it.

Trademark 92

Trademark Branding Brands Branding 92

SpicyIP

MAY 30, 2024

The extended protection is susceptible to misuse if owners of well-known trademarks enforce their rights against bona fide users too. FCB on May 2, 2024 observed that the owner of well-known trademark does not have an absolute right to apply for rectification of all (allegedly similar) marks already in the Register.

Trademark 45

Trademark Marketing Marketing Registration 45

43(B)log

JANUARY 5, 2024

2024 WL 22039, No: 6:20-cv-2354-GAP-EJK (M.D. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable.

Branding 57

Branding Brands Branding Marketing 57

IP and Legal Filings

MAY 8, 2024

Enterprises A proprietary concern at 155, Gurunanak Timber Market, Dhar Road, Indore (Madhya Pradesh) Brief Facts Plaintiffs are in business of manufacturing and distribution of wines, liquors and spirits. The plaintiffs have obtained registration in respect of their trademark in Class-33.

Trademark 52

Trademark Intellectual Property Branding Brands 52

SpicyIP

FEBRUARY 12, 2024

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! M/S Zari Silk (India) Pvt.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

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.

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59

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. and Ors. ,

Registration 52

Registration Trademark Copyright Registering Trademarks 52