Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications.

Trademark 105

Trademark Branding Branding Brands 105

IP and Legal Filings

OCTOBER 26, 2023

A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices. The trademark owners enjoy monopoly and exclusive proprietary rights of their trademarks through the law of trademark protection.

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Cease and Desist Trademark Registering Trademarks Business 104

Intepat

DECEMBER 21, 2021

QR codes were first utilised in the automotive business, but they are now widely used in advertising, payments, product tracing, and counterfeit detection, among other things. Is the Trademark Act applicable to QR Codes? Judicial Decision.

Trademark 98

Trademark Intellectual Property Registering Trademarks Branding 98

Kashishipr

SEPTEMBER 8, 2021

We know that brands try to make their trademarks as unique and distinctive as possible to attain the highest level of protection under the Trademark Law. Yet, some proprietors seek to register common phrases or words for their products and services. ’ How are then these common words registered as a trademark?

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Trademark Registration Branding Branding 105

SpicyIP

AUGUST 20, 2023

Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. He graduated from National Law University, Jodhpur and then pursued a masters in law from Harvard Law School. The Court examines various provisions of the Trademarks Act to reach this conclusion.

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Advertising Advertising Trademark Branding 97

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

IP and Legal Filings

SEPTEMBER 12, 2024

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.”

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Branding Branding Brands Trademark 92

IP and Legal Filings

NOVEMBER 23, 2024

Finally, Apple uses its trademarks largely within its marketing strategies in such a way that they are displayed in advertisements, product packaging, and retail shops, which serves to sustain its high-tech and premium brand image. In Dharampal Satyapal Limited Vs. As held in Basant Kumar Makhija and Ors [11].

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Branding Branding Brands Technology 96

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.

Trademark 97

Trademark Intellectual Property Registration Trademark Law 97

43(B)log

JANUARY 27, 2023

Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book. Was this literally false?

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Derivative Work False Advertising Advertising Advertising 75

Kashishipr

AUGUST 18, 2021

The same is majorly influenced by the mode of use, nature of advertising, and inherent nature contributing to the inherent distinctiveness of the mark owing to its common characteristics. The issue of the distinctiveness of a family of trademarks was brought forth in the case of Pure & Simple Concepts, Inc.

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Trademark Registration Branding Branding 105

43(B)log

APRIL 29, 2022

Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.” Thus, the false advertising claim would be dismissed. False advertising law has a much more structured way of accounting for implications than trademark law does. The allegations related to the use of “M.D.”

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False Advertising Advertising Advertising Registering Trademarks 45

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This helps them stand out and acts as a prime instrument for advertising and selling their products. Primarily, a trademark distinguishes the goods and services of one trader from those of others.

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Trademark Intellectual Property Registration Trademark Law 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.

Business 52

Business Trademark Registration Cease and Desist 52

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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Trademark Registering Trademarks Registration False Advertising 59

Biswajit Sarkar Copyright Blog

DECEMBER 24, 2022

The depiction of Santa Claus in Coca-Cola’s winter advertisement was done by artist Haddon Sundblom but because this artistic work was based on a real person, it could not be granted copyright protection as it was not unique. has several registered trademarks depicting various creative images of Santa Claus.

IP 52

IP Artistic Work Intellectual Property Branding 52

IIPRD

JANUARY 6, 2023

In layman, language trademark is a sign that assists distinguish the product of a particular firm from the products of other firms of similar nature. There have been cases where even in the case of parody the imitator is found to be guilty of infringement of the trademark. Disparagement is prohibited under Indian law.

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Social Media Trademark Advertising Advertising 52

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.

Personality Rights 85

Personality Rights Intellectual Property Social Media Intellectual Property Law 85

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. The main assets of any fashion firm that are virtual designs, may need to be protected as trade dress under trademark law.

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Law Branding Branding Brands 95

Above the Fold

JULY 22, 2022

As those involved in the world of trademark law likely know, the United States Patent and Trademark Office (“USPTO”) publishes an immensely helpful Manual covering the practices and procedures of prosecuting or registering trademarks in front of the USPTO.

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Trademark Trademark Law Registering Trademarks Publishing 40

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Relationship between Trademark Law & the Hospitality Industry.

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Trademark Branding Branding Brands 52

SpicyIP

NOVEMBER 18, 2024

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.

Trademark 105

Trademark Cease and Desist Music Copyright 105

IP and Legal Filings

FEBRUARY 16, 2023

In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark. Image Sources : Shutterstock] A trademark’s removal from the trademark registration is the consequence of non-use. Co Pvt Ltd.

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Trademark Registration Registering Trademarks Advertising 52

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 Design Designs Marketing 52

Garrigues Blog

SEPTEMBER 29, 2021

Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademark laws and case law have shed some light in this regard. However, there are still some grey areas clouding this issue. Supreme Court Judgment no.

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Trademark Trademark Law Television Registering Trademarks 52

Biswajit Sarkar Copyright Blog

OCTOBER 23, 2021

Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This helps them stand out and acts as a prime instrument for advertising and selling their products. Primarily, a trademark distinguishes the goods and services of one trader from those of others.

Trademark 52

Trademark Registration Intellectual Property Service Mark 52

SpicyIP

JANUARY 2, 2022

This case involved Sun Pharmaceuticals allegedly infringing Cipla’s copyright and registered trademark. Google argued that even when the keyword is a trademark, it is never used in a ‘trademark sense’, thereby the invisible use of trademarks, as keyword, failing to meet the threshold to constitute infringement.

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IP Intellectual Property Copyright Trademark 143

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. Likewise, it makes no sense for a company not to have a firm understanding of its potential intellectual property assets.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Garrigues Blog

NOVEMBER 15, 2021

A trademark is a distinctive sign which identifies the goods and services of a company, and differentiates them from those of competitors, whereas a trade name identifies a company operating in trade and serves to distinguish it from other companies carrying out identical or similar activities. In particular, article 7.1

Trademark 52

Trademark Intellectual Property Trademark Law Registration 52

IP and Legal Filings

MARCH 28, 2023

According to Section 29(4) of the Trademarks Act, use of a mark that is: Identical or similar to a registered trademark that already has a reputation in India; and Used on goods or services other than those covered by the registration constitutes trademark infringement in the form of dilution.

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Trademark Branding Branding Brands 81

IP and Legal Filings

FEBRUARY 4, 2022

Introduction: The concept of comparing and considering a trademark in its entirety is a well-established tenet in trademark law. When a trademark is registered, it provides protection to the mark as a whole, even if it is a composite trademark with numerous aspects in it.

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Registration Trademark Trademark Law Marketing 72

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. As per a report, influencer marketing investment is expected to reach $15 billion in 2022.

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Social Media Intellectual Property Registration Branding 52

LexBlog IP

SEPTEMBER 15, 2021

The Court of Appeals affirmed the previous decision of the district court which found that Australian Leather had wilfully infringed Deckers’ “UGG” trademarks by selling less than 15 pairs of UGG branded boots in the U.S.,

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

APRIL 19, 2023

The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. “Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product. Registering trademarks with the U.S.

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Intellectual Property Law Intellectual Property Law IP 52

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark! What is a Michelin Star in Terms of Intellectual Property Law?

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Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Section 142 of the Act categorizes threats as circulars, advertisements or other similar means served on the other party. However, in the case of Dolphin Laboratories Pvt.

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Cease and Desist Trademark Due Diligence Intellectual Property 40

IP and Legal Filings

DECEMBER 17, 2024

The Trademark law in India, known as Trade Marks Act, 1999, comes into force according to the rules established under the International Principles laid down in TRIPS (Trademark-Related Aspects of Intellectual Property Rights Agreement).

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Trademark Branding Branding Brands 52