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INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademarklaw. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. Another important criterion for trademark registration is non-functionality. NON-TRADITIONAL TRADEMARKS: A CRITIQUE.
If the trademark is found to be eligible, it will be published in the TrademarksJournal, and any interested party will have a chance to oppose the registration. If there are no oppositions, or if the opposition is unsuccessful, the trademark will be registered, and a certificate of registration will be issued.
The court is emphatic that the accounts “served as critical advertising platforms for JLM’s products affiliated with the Hailey Paige brands.” Ex-Employee’s Continued Use of Twitter Account May Be Conversion–Farm Journal v. The Spectacular Failure of Employee Social Media Privacy Laws. Social Media and TrademarkLaw” Talk Notes.
If you are a brand looking to establish a presence in India, your first step should be to secure your trademark and its associated rights. Indian trademarklaw has consistently protected international brands with cross-border popularity. During the hearing, the applicant’s attorney presents arguments for acceptance.
Alpino Health Foods Recently, the DHC passed an order prima facie finding that Marico’s “Saffola oats” TM was “generically disparaged” by Alpino’s advertisements. Instead, the respondent has at the threshold itself refused to register the appellant’s trademark.
Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademarklaw, 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?
Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademarklaw, 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?
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. It takes years for them to get registration.
Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. With a passion for the dynamic intersection of law, media and technology, she is particularly interested in exploring intellectual property and tech policy.
This is a “serials crisis” i.e., a situation when rising subscription costs for scholarly journals exceed academic library budgets, hampering researchers’ access. I am not even wading into the Bogus Open Access Journals and The dark side of the scientific publishing industry ). One may ask – is open access a solution?
As I explained in my discussion of the Rick Astley lawsuit , right of publicity and trademarklaw provided viable claims to Bette Midler and Tom Waits when imitations of their voices were used in advertising. In case you’re interested, here’s a link to a journal article I wrote about the Romantics v.
Aditya Gupta is a lawyer by training and is presently working on issues that fall at the intersection of IP law, freedom of expression, and business strategy. His primary focus is on trademarklaw and the intersection of finance and social networks. Vijay V Venkitesh is a data scientist and Research Associate at IIMA.
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. 7 Journal of Law and Biosciences 1 (2020) notes.
Consumer rights abuses, deceptive advertising, and unfair commercial practices are examples. However, it may be more appropriate to consider trademarklaw as a comparable framework for comprehending the extent of the personality right. National Law School of India Review , 31 (1), 125–148. L., & Lemley, M.
Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. TrademarkLaw. Parody in Trademarks is No Joke.
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.
The integrity of trademarklaw is seriously threatened by such exploitative strategies, which emphasises the necessity of court action to defend and preserve the rights of rightful trademark owners. A study of Indian and US TrademarkLaw relating to the effect of ‘Non-Use’of a trademark. [3] 2022-2023).
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