SpicyIP

MARCH 10, 2024

Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration. His previous posts can be accessed here.

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Trademark Registering Trademarks Registration False Advertising 59

IP and Legal Filings

MARCH 5, 2024

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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Canadian Intellectual Property Blog

JUNE 22, 2022

For example, whereas in the past, both unregistered and registered trademarks did not need to be translated into French, under Bill 96, only registered trademarks will be exempt from translation into French. Currently, it takes approximately two years for a trademark application to mature to registration in Canada.

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Trademark Law Trademark Law Registering Trademarks 52

IP Tech Blog

AUGUST 17, 2022

In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law.

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Trademark Registering Trademarks Art Cease and Desist 104

IPilogue

MARCH 20, 2023

On November 2, 2022, the Ontario Superior Court of Justice ruled that goodwill does not exist when the registered trademark has not been used. v 2788610 Ontario Inc (“ Bhagwani ”) upheld trademark principles which state that an enforceable right does not exist on the mere filing of a trademark application absent use of the mark.

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Trademark Social Media Registering Trademarks Trademark Law 105

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute. Ltd vs Google India Pvt.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 123

Intepat

DECEMBER 4, 2023

Introduction In the ever-shifting landscape of the digital era, the surge in domain name registrations has given rise to a critical challenge— domain name disputes, particularly those entangled with cyber squatting and trademark infringements.

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IP and Legal Filings

JANUARY 31, 2023

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. Expansion of Legal Protections By deterring imitated products, trademarks safeguard a company’s identity and the image of its brand(s), especially in the Metaverse.

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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.

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Intepat

MAY 28, 2024

Prior Registration and Use: Apple Inc. has a history of prior registration and extensive use of its trademark in India, which further solidifies its distinctiveness and exclusivity in the market. which filed for trademarks with the EU trademark authority. At the time, Apple Computer Inc.

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Trademark Intellectual Property Branding Brands 52

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.

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Social Media Trademark Licensing Music 89

43(B)log

JANUARY 5, 2024

Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. registrations with graphical elements The “Florida Online School” mark included an image of a Florida panther. This is strong evidence of the commercial weakness of these marks.

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IP and Legal Filings

MARCH 5, 2023

Riju Ghoshal, 2022 SCC OnLine Bom 626 acknowledged that the plaintiff’s “RPG” marks have grown to be recognised trademarks under Section 2(1)(zg) of the Act. The plaintiff had been utilising the RPG Enterprises Logo (Label) since 1987 and was the registered copyright owner of that logo in India.

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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. The copyright-related questions arise with the extent to which the content in the AR field shall be registrable. We shall be discussing the same in the following segments.

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Intellectual Property IP Copyright Infringement Copyright 72

SpicyIP

MARCH 25, 2024

Should the seemingly fraudulent behavior be taken in jest or be considered as a blatant misuse of the Michelin trademark— word and symbol? The present post is devoted to this latter question. And more importantly, what kind of mark is a Michelin Star, which was the ultimate goal of this ‘manifestation’ attempt?

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Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

43(B)log

FEBRUARY 16, 2024

As you may or may not recall, §32 of the Lanham Act provides for a cause of action for infringement of registered marks; courts have read 43(a) to provide a similar cause of action for “unregistered marks”—matter that is not registered with the PTO but serves a trademark function of indicating source. Then, in Lexmark v.

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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.

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Branding Brands Branding False Advertising 59

LexBlog IP

FEBRUARY 26, 2023

However, the modern concept of trademarks as legally protected intellectual property emerged in the late 19th century. The first trademark registration system was established in the United Kingdom in 1875 with the Trade Marks Registration Act. However, trademark protection in the U.S.

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IP and Legal Filings

FEBRUARY 4, 2022

Plaintiffs saw an advertising for Defendants’ syrup/sharbat, which had the mark ‘DilAfza’ on it and was packaged in deceptively similar ringlet bottles to the ‘RoohAfza’ bottle.As Plaintiffs have Class 32 registrations as well.

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Registration Trademark Trademark Law Marketing 66

IIPRD

AUGUST 4, 2022

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Trademarks. 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.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

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. opposed the registration of a logo of pear by Prepear for being similar to its Apple logo. A reading of the statute indicates that this provision focuses on registered trademarks and the related infringement.

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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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Trademark Designs Design Marketing 52

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. Weighing the Advantages and Disadvantages of Trade Secrets.

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Patent Intellectual Property Invention Patent Law 105

SpicyIP

FEBRUARY 13, 2023

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. What stands out here is that the Court granted an injunction in favour of the Plaintiff based on earlier registration without considering the non-use of the mark by them.

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Designs Design Trademark Cease and Desist 52

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

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.

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Business Trademark Registration Cease and Desist 52

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. The Respondent/ Opponent was a well-known Chennai based company using its registered BSA mark for selling bicycles and related goods. Inventprise Inc. and Ors. ,

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Registration Trademark Copyright Registering Trademarks 52

SpicyIP

DECEMBER 17, 2023

Ankit Sahni’s AI “Co-authored” Artwork Denied Registration by US, Continues to be Registered in India Can AI (co)author art? US Copyright Office says no to “RAGHAV”s work, even as the same work remains registered as a copyright in India. On the other hand the defendant-appellant started using “M/S. DRS Logistics (P.)

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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. “

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Trademark Registering Trademarks Trademark Law Branding 78

SpicyIP

JULY 17, 2024

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. Building on these initial insights, the present study presents a comprehensive, data-driven analysis of how morality-based trademark objections are administered.

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SpicyIP

DECEMBER 11, 2023

Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? Alkem Laboratories Ltd vs Medox Lifesciences & Ors on 4 December, 2023 (Delhi High Court) The plaintiff filed the present suit alleging infringement of its trademark “A To Z” by the defendant’s use of “A 2 Z”.

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Trademark Fair Use Moral Rights Art 79

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

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. Sun Pharmaceuticals Industries Ltd. Cipla Ltd [Madras High Court]. In Dhiraj Dewani v.

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IP Intellectual Property Copyright Trademark 136

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.

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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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LexBlog IP

JULY 21, 2021

It can also mean as the proxy or substitute holder of rights here on earth because no spiritual being will receive a copyright certificate, trademark registrations, or letters patent. registered trademarks: Elohim—4. But that “provision only restricts registration of the mark. Jehovah–8.

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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.

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Registration Trademark Law Trademark Law 52

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. Trademark etc.

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