Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark.

Trademark 52

Trademark Designs Design Marketing 52

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

Law 87

Law Branding Brands Branding 87

SpicyIP

NOVEMBER 7, 2022

However, the patent on Apaxiban expired in September 2022 and via the present order, the court ruled that “ there can be no injunction on the manufactured stock lying with the Defendants, from being sold as on date. ”. The court relied on its previous orders which dealt with identical facts and had ordered for advertisement therein.

Patent Prosecution 103

Patent Prosecution Invention IP Journalism 103

SpicyIP

AUGUST 4, 2024

The plaintiff sent legal notices to the defendant but received no reply and thus filed the present suit and sought ad interim reliefs. It was also submitted that the advertisement of the plaintiff including their mark ‘RUMMYCIRCLE’ was changed to show ‘VRUMMY’ by the defendants. Primestack Pte. Les Laboratories Servier Anr.

Social Media 89

Social Media Trademark Licensing Music 89

LexBlog IP

FEBRUARY 26, 2023

I asked: “ What were the first trademarks? “ ChatGPT replied: The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. However, trademark protection in the U.S.

Trademark 52

Trademark Designs Design Journalism 52

Selvam & Selvam Blog

MARCH 28, 2022

Section 142 of the Act categorizes threats as circulars, advertisements or other similar means served on the other party. A reading of the statute indicates that this provision focuses on registered trademarks and the related infringement. However, in the case of Dolphin Laboratories Pvt.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

SpicyIP

FEBRUARY 13, 2023

The court observed that, by the present appeal, the appellants cleverly intended to challenge the injunction order dated October 2021 against which they have not instituted any appeal in 15 months. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark.

Designs 52

Designs Design Trademark Cease and Desist 52

43(B)log

FEBRUARY 16, 2024

Indeed, in recent years the Supreme Court has repeatedly emphasized the multiple benefits of registration to a trademark claimant, including in the recent cases of Matal v. I’ve left out the parts specific to registered trademarks and the reference to treaties. Kagan describes it as “designation of source.” of Ala, LV v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

43(B)log

DECEMBER 28, 2022

incorporation of documents into the complaint by reference, both often significant in false advertising cases. The Ninth Circuit allows standing for injunctive relief where there’s a plausible threat of future harm from desire to purchase the product plus inability to rely on the advertising or labeling.

Branding 59

Branding Brands Branding False Advertising 59

Kashishipr

JULY 13, 2022

Sometimes, AR and VR are used in overlapping ways; however, the two terms present unique and different issues in the IP world. However, at least some creative content in the AR field shall be designed to mimic, recreate, or merge with the real physical surroundings to the extent that the same won’t be distinguishable as digital.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

IIPRD

AUGUST 4, 2022

For modern designers, this may be both a blessing and a curse. Any initiative to educate the public by presenting them with the accurate and proper information may be applauded. False advertising should be avoided when defaming a product. Why should digital influencers defend their intellectual property rights?

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

Kashishipr

JULY 7, 2021

The secret can be technical, like manufacturing processes, pharmaceutical test data, designs, and drawings of computer programs, or it can be commercial, like distribution methods, a list of suppliers and clients, and advertising strategies. It can also be a combination of both. Choosing between Patents and Trade Secrets.

Patent 105

Patent Intellectual Property Invention Patent Law 105

SpicyIP

JULY 22, 2024

Journey Through “Marchs” on SpicyIP (2005 – Present) After a brief hiatus, Lokesh Vyas is back with the flashback series looking at SpicyIP posts through the years, from 2005 to present date. Other Posts Ulm University v. Controller of Patents for its non-speaking order rejecting a patent application.

Registering Trademarks 76

Registering Trademarks Licensing Trademark Advertising 76

IP and Legal Filings

OCTOBER 28, 2023

TARNISHMENT Unauthorized use of famous mark which is offensive, inappropriate in connection with a similar mark or trade name.Tarnishmentmainly occurs when the product is contrary to the corporate values of the trademark owner and another form is to offend or criticize the trademark’s owner. “

Trademark 78

Trademark Registering Trademarks Trademark Law Branding 78

SpicyIP

DECEMBER 24, 2023

Other Posts Journey Through “Novembers” on SpicyIP (2005 – Present) Sift through the pages of November(s) posts on SpicyIP in another round of SpicyIP flashbacks by Lokesh. If the Expert Committee, so opines, any senior official may be contacted from CGPDTM, who may also be present before the Exert Committee for rendering assistance.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

43(B)log

SEPTEMBER 11, 2023

Here, I think we might be starting to see what a post-Abitron, post-JDI world could look like: courts may begin to reestablish distinctions between registered trademarks and unregistered matter protected by unfair competition law, based this time on statutory interpretation rather than conceptual categories.

Advertising 69

Advertising Advertising Marketing Marketing 69

SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one.

IP 136

IP Intellectual Property Copyright Trademark 136

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo.

Fair Use 52

Fair Use Trademark Copyright Editing 52

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. Colours are inherently indistinctive, the onus to prove has sufficient distinctiveness lies with the Applicant.

Trademark 52

Trademark Branding Brands Branding 52

LexBlog IP

JULY 21, 2021

In Europe and the United States at least, every trademark has at least three purposes: (1) It identifies the origin of a product or service; (2) It guarantees consistent quality of that good or service; (3) It serves as symbolic communication as a basis for publicity and advertising. registered trademarks: Elohim—4.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

LexBlog IP

JUNE 21, 2023

.” Vidal presents the question of whether the refusal to register a mark under 15 U.S.C. Since history is made every day, this is an example of our issue concerning historic figures coming into present relief. . § As an IP attorney, I was curious whether anyone owned any trademark rights relating to Juneteenth.

Registration 52

Registration Trademark Law Trademark Law 52

IIPRD

JANUARY 18, 2022

This blog presents an overview of what luxury fashion is doing with crypto technology in this feature, as well as what to expect as fashion moves forward into a tech-savvy future. An NFT can create virtual fashion products as a designer and distinct as actual products, addressing the issue of digital clothing replication.

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

SpicyIP

AUGUST 18, 2024

The Controller Of Patents And Design In an important development, the DHC recently clarified that the non-appearance of an applicant does not justify the Controller in deeming their patent application as abandoned. In the present order, the Court issued a permanent injunction restraining the defendants from using the impugned mark.

Registering Trademarks 82

Registering Trademarks Trademark Cease and Desist Copyright 82

SpicyIP

JULY 10, 2024

The proprietors of the NBC logo allege not only infringement of the registered trademark, but surprisingly, also of their registered copyright in the logo. The ‘use’ of the registered trademark ‘in the course of trade’ is an essential prerequisite for a case of trademark infringement. & Ors.

Intellectual Property 49

Intellectual Property Registering Trademarks Copyright Infringement Trademark 49

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

Technology & Marketing Law Blog

JUNE 21, 2023

1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design. Parody doctrine can apply when a similar mark is used as a designation of source, such as in the Chewy Vuiton case.

Trademark 101

Trademark Blogging Trademark Law Fair Use 101

43(B)log

OCTOBER 4, 2021

My presentation, galloping across a bunch of developments. Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

IP 94

IP Trademark Advertising Advertising 94