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Trademark Infringement in the Digital Age

IP and Legal Filings

The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement. Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising.

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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

On 2 nd December 2021, Mason Rothschild began advertising an NFT collection of fur-covered Birkin-like handbags that he designed, advertising them as ‘METABIRKINS’. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. Ltd vs Google India Pvt.

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China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case

IP Tech Blog

While a trademark administrative procedure would end within a few days with a peremptory order to cease and desist the illicit use of the bottles and a fine for the infringer, an unfair competition/trade dress lawsuit could last for 12 months and would be more expensive. 57 of the Trademark Law. Tsingtao’s choice.

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Groundless threat of trademark infringement: Is Section 142 a means to combat trademark bullying?

Selvam & Selvam Blog

Such groundless threats are commonly achieved by sending cease and desist letters or legal notices threatening the recipient with legal proceedings. Lately, this has been called out as ‘ trademark bullying’ and recently, BigBasket and DailyBasket were involved in a tussle over the word ‘Basket’.

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From Fruit to Fortune: Apple’s Trademark Journey and Their Fierce Protection Strategy

Intepat

has a history of prior registration and extensive use of its trademark in India, which further solidifies its distinctiveness and exclusivity in the market. This drive to claim IP rights over a common fruit highlights the global IP rights industry dynamics, where companies compete obsessively over trademarks they may not genuinely need.

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SpicyIP Weekly Review (February 6- February 12)

SpicyIP

Regardless, it sent a cease and desist to the defendants in 2022 who have a shop in Jaipur with a similar name and have registered the word mark in 2013. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark. 2 crores with the Registrar General of this Court, within one month”.

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Trademark For Business Growth

Biswajit Sarkar Copyright Blog

Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use. Sections 9 and 11 of the Trademarks Act, 1999 address the notion of confusion.