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Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. Trademark infringement, however, isn’t like copyright.

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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

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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Smells like Luxury, Does it Cost a Trademark Battle?

SpicyIP

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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Finding the Real “Burger King”: Identical Marks & Prior Use in the Pune Eatery Case

SpicyIP

In response, the Pune eatery contended that there neither existed any similarity between both parties trademarks, nor did Burger King US provide its services under the contested trademark before 1992. Further, sub-section 3 provides that the confusion on the part of the public is assumed in such cases.

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SpicyIP Weekly Review (November 11-November 17)

SpicyIP

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. The Court noted the expiration of the license and the respondents’ registered trademark rights. Zydus Healthcare Limited & Ors.

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Trademark Dilution: Understanding, Forms, And Legal Implications Under The Trademarks Act Of 1999

IP and Legal Filings

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

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China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case

IP Tech Blog

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. 57 of the Chinese Trademark law. 7) causing harm to other’s exclusive rights to use registered trademarks.”.

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