Canadian Intellectual Property Blog

JUNE 22, 2022

First, only non-French registered trademarks will be exempt and not need to be translated into French. applied-for or common law) English trademark will need to be accompanied by its French equivalent on commercial advertising and public signage. As such, an unregistered (i.e., 2] CQLR c C-11, r 9, s 25.3. [3]

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IP and Legal Filings

MAY 17, 2024

There are no separate legal provisions for these rights and they have been included under the existing Intellectual Property laws. A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. In Amitabh Bhachchan v.

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Kashishipr

SEPTEMBER 8, 2021

We know that brands try to make their trademarks as unique and distinctive as possible to attain the highest level of protection under the Trademark Law. ’ Common or generic terms are usually not protected under trademark law. ’ How are then these common words registered as a trademark?

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IP and Legal Filings

SEPTEMBER 12, 2024

It is this judgment that more or less laid the foundation of “trans-border reputation” in Indian trademark law. Whirlpool was able to claim rights over its trademark in this country, even though it didn’t have a physical presence here and did not have any registration at that time.

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LexBlog IP

FEBRUARY 28, 2022

The Intellectual Property Law Association of Chicago (IPLAC) Creator of the Year Committee is seeking nominations for its 2022 Creator of the Year Award. Trademark Law: A powerful branding program that combines a strong trademark or service mark and a memorable advertising and marketing campaign.

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Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern. Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.

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IP and Legal Filings

DECEMBER 17, 2024

Abstract In the changing landscape of intellectual property law, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers.

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The TTABlog

OCTOBER 2, 2024

The Board acknowledged that applicant has made some effort to use the proposed mark as a service mark, including some "look for advertising" and inclusion of the sunflower motif on business cards and applicant's website.

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Kashishipr

JUNE 4, 2021

QR codes originated in the automotive industry and are now commonly used in advertising, payments, product tracing, and detection of counterfeits, etc. Can we Trademark QR Codes? A QR (shorthand for ‘Quick Response’) code is a machine-readable matrix barcode.

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Kashishipr

AUGUST 18, 2021

The same is majorly influenced by the mode of use, nature of advertising, and inherent nature contributing to the inherent distinctiveness of the mark owing to its common characteristics. The issue of the distinctiveness of a family of trademarks was brought forth in the case of Pure & Simple Concepts, Inc.

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Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Relationship between Trademark Law & the Hospitality Industry.

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Selvam & Selvam Blog

MAY 28, 2024

In the author’s personal opinion, Trademark law when implemented and enforced effectively can play a crucial role in the protection of personality rights of celebrities and to target the prevention of deepfakes and unauthorized use of an individual’s identity or likeness by third parties.

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IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Notwithstanding the essence of this finding, this is too narrow an interpretation of the true spirit of trademark law. 18] Deere & Company v.

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IP and Legal Filings

DECEMBER 13, 2024

As such a proprietary right is granted by way of registration of a trademark, whereby the owner of the mark or other parties granted a license to use the brand has the exclusive right to use it for the purpose of making money. Sanjay Jain , resolved some challenging issues in Trademark Law.

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Intepat

MAY 16, 2023

For instance, famous Bollywood actor Shah Rukh Khan has registered his name “Shah Rukh Khan” and the initials “SRK” as a trademark to protect his publicity rights. Publicity Rights Under Indian IP Law In India, there is no direct statute that governs publicity rights in the intellectual property law regime.

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LexBlog IP

JANUARY 22, 2022

Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria?

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LexBlog IP

JANUARY 22, 2022

Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria?

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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.

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Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. In the ongoing digital era, social media is gaining more publicity with each passing day, thereby putting content creators and social media influencers at risk of legal concerns about Intellectual Property Rights (IPRs).

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SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark! What is a Michelin Star in Terms of Intellectual Property Law?

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LexBlog IP

JUNE 21, 2023

§ 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. Japanese Trademark Law, Article 4(1)(viii). ” Id. (at

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LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” .” If that be the case, and I think it is, then the subtitle implies the question this piece will address.

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IP and Legal Filings

FEBRUARY 20, 2024

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat.

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LexBlog IP

FEBRUARY 1, 2023

at 997-98, Rogers limited the application of the Lanham Act’s prohibition on false advertising “to apply to artistic works only where the public interest in avoiding consumer confusion outweighs the public interest in free expression. ” Id. In VIP Products v. Jack Daniels Products , 953 F.3d 3d 1170 , 1172 (9 th Cir.

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43(B)log

FEBRUARY 3, 2023

Rierson, Trademark Law and the Creep of Legal Formalism Various rules w/in TM law have been codified that we seem to be treating more as formalistic labels or bright line rules when a more practical approach is preferable in TM context instead of leaning on labels. Web of federal and state regulation. Gender and class?

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IP and Legal Filings

FEBRUARY 19, 2025

Introduction In the world around, you might have witnessed an advertisement taking place without being in official association with the organisers or the owners, but pretends in such a way that it is officially associated with the event. The Legal Gray Area: Does IP Law Fully Protect Against Ambush Marketing? Arvee Enterprises and Ors.

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IP and Legal Filings

DECEMBER 6, 2023

the Apex Court held that one of the inherent aspects of the right to privacy as enshrined under Article 21 of the Constitution is the right to prevent others from using the person’s name or likeness without his consent for advertising or non-advertising purposes. State of T.N., RFMLR (2018) 1 Titan Industries Limited v.

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Biswajit Sarkar Copyright Blog

FEBRUARY 10, 2025

Trade mark protection is an essential aspect of intellectual property law, ensuring that businesses can protect their brand identity against unauthorized use. follows statutory trademark protection under the Lanham Act, courts recognize the common law tort of unfair competition, which closely aligns with passing off.

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Technology & Marketing Law Blog

MARCH 22, 2025

Since that time, Eric has invited me to write (or allowed me to write) other guest blog posts about cases involving potential conflicts between trademark laws and the right to freedom of expression. Many single-owner law blogs do not afford such opportunities.

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Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

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