SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. Image from here Smells like Luxury, Does it cost a Trademark Battle? We will explore the relevance of this further ahead in this post.

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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 124

Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims.

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43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! This judgment of infringement comes nearly one year to the day after Crocs filed lawsuits against 21 companies alleging infringement of its registered trademark rights in its clog designs. …

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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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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

APRIL 9, 2021

Usage of the identical or similar mark in respect of identical or similar goods or services is likely to confuse the public or is likely to have an association with the registered trademark. ? Passing off refers to an actionable wrong whereby a person passes off his own goods as that of another. PASSING OFF.

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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. Maccoffee first appeared on IPLF.

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IP and Legal Filings

JUNE 14, 2023

The quality function of a trademark relates to the assurance of particular positive qualities and subjective values, while the communication function refers to the dissemination of the trademark image to and among customers through advertising. The same concept should be applied to advertising slogans.

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IP and Legal Filings

FEBRUARY 16, 2023

As a result of this, the consumer start recognising the product due to its strong reputation and constant quality which helps the producer itself, this helps to determine the origin of goods or services provided by a producer or the service provider and functions as an advertising tool. Co Pvt Ltd.

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IPilogue

FEBRUARY 28, 2022

Ellis ruled that Gruyère is a generic term for a type of cheese and does not refer solely to cheese from a specific geographic region. However, the fate of the Gruyère trademark in Canada is still up in the air. As a result, this application has remained as “advertised” since November 1, 1995.

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TorrentFreak

NOVEMBER 9, 2021

Pinoy is the term Filipinos use to refer to Philippine culture and content, including entertainment. has to pay an extra $10,000 for cybersquatting, as the domain name is confusingly similar to one of ABS-CBN’s registered trademarks. There are literally thousands of pirate sites in all kinds of flavors.

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43(B)log

FEBRUARY 15, 2022

But we're here for the trademark parts of the case! BoostLash” is a registered trademark for “non-medicated eyelash growth serum.” The court found that WooLash and BoostLash were not confusingly similar and that the keyword advertising was not infringing. They allegedly copied Woo’s “business things” for Boost.

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SpicyIP

MARCH 11, 2024

The SLP was filed against the 14 December decision of a Division Bench (DB) of the Delhi High Court where it was held that registering trademarks as keywords cannot be considered infringement when there is no confusion or unfair advantage.

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LexBlog IP

MARCH 24, 2023

The NCAA Men’s Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. One of the key elements of the NCAA’s intellectual property rights is the trademark for the phrase “March Madness.”

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Corsearch

MARCH 13, 2023

Disney still own the copyright on more recent works featuring the character and, most importantly, have protected his name, likeness, and associated imagery by registering trademarks. References [1] [link] [2] [link] [3] [link] The short answer is no.

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IP and Legal Filings

AUGUST 4, 2022

Trademarks in the Tourism Industry. Trademarks refer to an identifiable phrase, word, or symbol or a combination of these that represents a particular product or service and differentiates it with another product or service. Trademarks helps in the prevention of likelihood of confusion with an existing trademark.

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IP and Legal Filings

MARCH 28, 2023

Introduction The term “trademark dilution” refers to the unauthorised use of, and/or application for, a trademark that is likely to damage an established mark’s distinctiveness. Blurring Tarnishing 1.Blurring Identifying or criticizing or commenting over the mark of the famous goods and services.

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IP and Legal Filings

SEPTEMBER 21, 2022

The Trademarks Act, 1999, as: Section 29 of the act states that, the infringement of Trademarks is caused when: When the mark is similar or identical to the trademark that is registered or it has been used in relation to the similar kind of business or services. References: [1] The Trademarks Act, 1999. [2]

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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. Judicial notice deals with essentially uncontrovertible facts, while incorporation by reference is “a judicially-created doctrine that treats certain documents as though they are part of the complaint itself.”

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LexBlog IP

NOVEMBER 10, 2022

The Court of Rome sets a landmark precedent by granting an injunction against the creator of NFTs displaying images of a football player, reproducing without authorization the registered trademarks owned by Italian football club Juventus FC. Key legal takeaways. The judgement by the Court of Rome is notable in a number of respects.

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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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IP and Legal Filings

MAY 17, 2024

A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. Daler Mehendi, a known singer and the plaintiff in the present case, had a registered trademark over the letters “DM” and established a business called “D.M. Entertainment v. Entertainment Pvt.

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Personality Rights Intellectual Property Social Media Intellectual Property Law 77

Selvam & Selvam Blog

OCTOBER 31, 2021

A trademark can be referred to as a recognizable sign, word or symbol that can be used to denote and distinguish a specific product or service from others. Another reason for genericization of trademark is when a product is easier to be identified with reference to the trademark rather than the actual name of the product.

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SpicyIP

MARCH 25, 2024

In the instant case, though the Michelin Star mark was not specifically used— the Michelin Plate makes it clear that the intended reference is towards the restaurant being Michelin-approved or recommended) leading unaware customers to believe that the service is somehow Michelin-compliant or is likely to be in the future.

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Kashishipr

AUGUST 24, 2022

Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India. Relationship between Trademark Law & the Hospitality Industry. Hotels and restaurants must get their brand names and logos registered as trademarks for the ease of operating a business in India.

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Selvam & Selvam Blog

MARCH 25, 2021

Trademark bullying has always been a cause for concern because it spells out overstepping the line, monopoly and power all in one place most of the times. As the name suggests, trademark bullying happens when a registered trademark owner, without justifiable reason, threatens or tries to threaten another trademark owner with legal action.

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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.

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IIPRD

NOVEMBER 22, 2023

Ensuring Compliances of IP laws Trademarks and logos: On media platforms, names and emblems are commonly used to advertise companies and services, both visually and orally. References [link] [link] [link] The post IP rights for social media Influencers and content creators first appeared on IIPRD.

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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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Garrigues Blog

SEPTEMBER 29, 2021

The purpose of a trademark is to identify goods and services in trade in such a way that the general public recognizes and links a particular good or service with a specific business origin. 369/2009 of 21 May 2009 ruled in support of this theses, even if it did not implement the Spanish trademark regulation.

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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. It currently accounts for about 15% of the entire revenue spent on global advertising. Remember, posting content that contains someone else’s logo, product name, or trademark may infringe upon their IPRs.

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The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging.

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Selvam & Selvam Blog

MARCH 28, 2022

However, BigBasket’s threats and allegations are arguably groundless and the recourse against the same would be through Section 142 of the Trade Marks Act, 1999 (hereinafter referred to as ‘the Act’). Section 142 of the Act categorizes threats as circulars, advertisements or other similar means served on the other party.

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Kashishipr

JULY 13, 2022

On the other hand, VR refers to a way of generating realistic sounds, images, and other sensations leading people to the middle of an imaginary world. The same may, in turn, create confusion in the minds of the consumers concerning whether the physical business sponsors or promotes the virtual advertisement.

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Kashishipr

SEPTEMBER 22, 2021

Licensing involves permitted use by a person on his goods or services of a trademark belonging to a proprietor, provided the proprietor exercises the quality control and authorizes the application of the trademark on such goods and services. What is Trademark Licensing?

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IP and Legal Filings

MARCH 5, 2023

In contrast to the Plaintiff, who produces items using the RPG marks, they are using the names “RPG Opticals” for advertising, wholesale and retail of optical lenses, and “RPG Pharmacy” for pharmacy and dispensary services. References Editor _4, Delhi High Court grants permanent injunction to RPG Enterprises Ltd.

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