SpicyIP

MAY 2, 2022

We’re pleased to bring you a timely guest post by Sangita Sharma on a recent order by the Delhi High Court, on the usage of a competitor’s registered trademarks as keywords or adwords. The plaintiff filed the suit seeking protection of its various registered trademarks used by Defendant No.1- Defendant no.

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IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. The registration and management of trademarks was another essential component.

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IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

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43(B)log

APRIL 29, 2022

Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.” It was not enough to allege that the marketing materials were “misleading as to his present involvement.” Thus, the false advertising claim would be dismissed. The allegations related to the use of “M.D.” Hawrych” and “Dr.

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IIPRD

JANUARY 6, 2023

The upsurge of social media apps and their intervention in our lives have completely changed the marketing game for every business organization. Today, social networking and social media are becoming significant and considerable factors to make business strategies, particularly for marketing for all enterprises. Hashtag and trademarks.

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IP and Legal Filings

SEPTEMBER 19, 2023

If there are no oppositions, or if the opposition is unsuccessful, the trademark will be registered, and a certificate of registration will be issued. A registered trademark is valid for a period of 10 years, after which it can be renewed for additional 10-year periods.

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IPilogue

FEBRUARY 28, 2022

However, the fate of the Gruyère trademark in Canada is still up in the air. Without a registered trademark, Gruyère producers expose themselves to the risk of dispute that may lead to a long and costly legal battle in Canada. As a result, this application has remained as “advertised” since November 1, 1995.

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SpicyIP

MARCH 10, 2024

Facts of the Case In this case, the Plaintiff, an incorporated company engaged in the manufacturing of dairy products under the trademark ‘NOVA,’ filed a suit against the Defendants for infringement and passing off of their registered trademark.

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Intepat

MAY 28, 2024

The logo, consisting of a stylized apple with a bite taken out of it, is instantly recognizable amongst the consumer base and needs no introductions amongst the market & trade channels. has invested heavily in marketing and brand promotion, making its trademark well-known to consumers. Prior Registration and Use: Apple Inc.

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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. Bottom Line.

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43(B)log

DECEMBER 28, 2022

incorporation of documents into the complaint by reference, both often significant in false advertising cases. Indeed, “Italian pasta is one of the best and most sought after products in the global market,” and “Italian durum wheat is among some of the ‘best varieties[’]” of wheat.

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43(B)log

JANUARY 5, 2024

Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength. Defendants market only their K12 brand nationally.

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IP and Legal Filings

MAY 17, 2024

In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. and includes both commercial and non-commercial aspects.

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Personality Rights Intellectual Property Social Media Intellectual Property Law 77

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Trademarks. Build your market reputation.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

Selvam & Selvam Blog

MARCH 28, 2022

Through this, the former aims to monopolize the market and kick out any remotely similar business operating under the mark. This is often perceived as a means of brand building and a way to assert and secure their position and goodwill in the market to avoid losing customers or market share to the smaller entities.

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IP and Legal Filings

JANUARY 31, 2023

Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The gaming and metaverse platform Roblox helped Gucci develop a variety of immersive themed locations that were inspired by the brand’s various advertising campaigns.

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43(B)log

JUNE 26, 2023

A&E also greenlit spinoffs: Live PD: Rewind, Live PD: Police Patrol, Live PD: Roll Call, Live PD Presents: Women on Patrol, Live PD Presents: PD Cam, Live Rescue, Live PD Presents: Top Ten Police Vehicles, and Live PD: Wanted. So they’re in the same online video market. A&E plausibly pled that its mark was strong.

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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. Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market.

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LexBlog IP

FEBRUARY 26, 2023

The first trademark registered under this system was a Bass Brewery’s red triangle in 1876. The red triangle was chosen because it was easily recognizable and stood out on advertising materials. However, trademark protection in the U.S. However, trademark protection in the U.S.

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IP and Legal Filings

FEBRUARY 4, 2022

For almost a century, the Plaintiffs have been making and marketing Unani and Ayurvedic medicines, oils, syrups, and non-alcoholic beverages, among other things. They claimed that because the word “Afza” is commonly used in the sharbat trade, many players in the sharbat market use it. ” Judgment.

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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. Tam and Brunetti, striking down various bars on registration.

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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. Both ‘PHENSEDYL’ and ‘PHENSERYL’ are products marketed to treat the same allergic symptoms, leading to increased chances of confusion.

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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. Khan Chacha Hyderabadi Biryani and Ors.

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Designs Design Trademark Cease and Desist 52

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks perform the following functions- Trademark or logo helps identify the goods and services easily: A trademark serves as a means of identification for a certain brand, corporation, or other entity, allowing it to be clearly distinguished from the other brands on the market.

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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.

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SpicyIP

DECEMBER 17, 2023

Dabur India Limited vs Mi Lifestyle Marketing Global Pvt. the Court held that such usage would amount neither to infringement of the trademark, nor taking of unfair advantage of the Respondent’s mark. In the present order the court restrained its finding against the fellow director and the company incorporated by them.

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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. Intent was neutral.

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IP and Legal Filings

MAY 20, 2022

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. Under The Trademarks Act 1999, a trademark if registered comes to be known as a registered trademark.

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SpicyIP

AUGUST 30, 2021

and the socio-legal opportunism of the defendants’ arguments for condonable trademark infringement, set in the backdrop of the ongoing global pandemic. s copyright and registered trademark by thrusting its deceptively similar goods and flooding the high-in-demand but low-in-knowhow market, with its imitation products.

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SpicyIP

JANUARY 2, 2022

The plaintiff was granted, through an agreement, an exclusive non-transferable, non-assignable license for selling, supplying, and distributing the defendant’s brands in domestic and international markets. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Sun Pharmaceuticals Industries Ltd.

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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. Even accepting that substantial similarity was present (qualitative significance would be a fact question), fair use protected the uses.

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IIPRD

JANUARY 18, 2022

The idea has spread across all market sectors, and now luxury fashion retailers have joined the tokenization bandwagon. 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. What are NFTs?

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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. With the fast-growing media and entertainment sector, the era of digital advertising for product branding and selling has also stepped up.

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LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 But just a quick look at the USPTO’s Trademark Electronic Search System (or TESS ) databases reveals many live deistic trademarks include as all or part of a U.S.

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SpicyIP

AUGUST 18, 2024

Imagine Marketing Ltd. The plaintiff is the owner of the domain name, [link] and uses its trademark ‘boAt’ over several e-commerce websites. Merryvale Limited vs John Doe And Ors on 12 August, 2024 (Delhi High Court) The Court decided in the favor of the plaintiff and granted an interim injunction for trademark infringement.

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Registering Trademarks Trademark Cease and Desist Copyright 82

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.

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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.

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