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Shamnad Basheer’s 46th birth anniversary today, we at SpicyIP are proud to announce the third edition of the Shamnad Basheer Essay Competition on IntellectualPropertyLaw. The third was an essay competition held by CREATe on the topic of how Artificial Intelligence would change the practice of intellectualpropertylaw.
One of the most effective ways to protect your brand and all that it owns, including distinctive features, is through the registration of a trademark. Trademarklaw grants legal protection of your business name, logo, or slogan against other individuals using the same with regard to protection over intellectualproperty.
The Commission is soliciting written comment, data, and arguments concerning the need for such a rulemaking to prevent persons, entities, and organizations from impersonating government agencies or staff and businesses or their agents.” trademarks for clients who are overwhelmingly small businesses. Comments of Erik M.
The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product. “Trade dress” is a subsection of trademarklaw and protects the design and shape of a product or its packaging, again to identify the source of the product.
This is an interesting example of how intellectualpropertylaw can be utilized to smother the proliferation of harmful views. The context surrounding the litigation shows that protecting business interests is not trademarklaw’s sole function. .
One of the main areas of intellectualpropertylaw development is the link between artificial intelligence and intellectualproperty rights (IPRs). Growing AI-related business activity, early case law, and legislative and international policy activities are making it more and more relevant in practice.
However, unconventional trademarks challenge traditional concepts of visual representation, leading to significant complexities in their registration, protection, and enforcement. Colour Marks : Specific colours, when used distinctively, can qualify as trademarks. For example, the specific shade of Tiffany & Co.’s
Most significantly, “the development of blockchain technology” has been accepted as a legal business activity by the Indonesian standard industrial business categorization code, which was published in 2020. Provisions of intellectualpropertylaw will be applicable to NFTs. MOCI Regulation No.
EMP&A is a boutique trademarklaw firm located in Falls Church, Virginia. Established in 1999 by Mr. Pelton after working for the USPTO as a trademark examiner, EMP&A has registered more than three thousand U.S. trademarks over the last 20 years for a client base consisting primarily of small businesses.
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.” Dongre and Ors. V Whirlpool Co. 47 of 1999.
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.
In the realms of branding as well as intellectualproperty , “ smell as a form of trademark ” has acquired immense popularity. It is extremely relevant in today’s competitive landscape as businesses look for novel approaches to forge distinctive brand identities in order to engage customers on a sensory level.
There are no separate legal provisions for these rights and they have been included under the existing IntellectualPropertylaws. In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. Entertainment Pvt. In Amitabh Bhachchan v.
Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. This seriously threatens the financial interests and intellectualproperty rights of enterprises.
We know that brands try to make their trademarks as unique and distinctive as possible to attain the highest level of protection under the TrademarkLaw. ’ Common or generic terms are usually not protected under trademarklaw. ’ How are then these common words registered as a trademark? .’
IntellectualProperty Rights (IPR) are crucial for fostering innovation and protecting the rights of creators and businesses. This article explores the limitations on the use of political party symbols in India, examining relevant case laws and principles under intellectualpropertylaw.
.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectualpropertylaws tracks Congress’s pro-free-market goal.”
Often, hashtags help businesses reach out to their target audience and connect with them, which may further help them attain and achieve goodwill and raise awareness about their brand. Therefore, the prime role of such hashtags needs to be assessed in line with the TrademarkLaw to deduce whether they qualify for trademark protection.
important;}} As businesses increasingly transition to virtual workplaces, embracing remote meetings and work-from-home arrangements, it is natural to wonder if your lawyer needs to be located in the same state as your business. For most intellectualproperty questions, your attorney can be located anywhere in the United States.
With the increase in globalization and cross-border trade, intriguing types of trademarks are trending and have become a crucial tool to signify a company’s identity. Motion Trademarks in India. The most critical aspect that may be subject to the Trademark Protection of a motion mark is the succession of images in the said mark.
Abstract In the changing landscape of intellectualpropertylaw, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers.
I always enjoy the opportunity to connect with old friends and meet new people who are ready to dig into the details of intellectualpropertylaw. This year we’re limiting the focus to patent law & trademarklaw. Let me know if you want to meet up.
To do this, food firms invest a lot of money in developing and promoting distinctive brands and are increasingly turning to intellectualproperty (IP) protection as a means of establishing or maintaining their leadership in the industry. IP provides a wide range of tools that can help businesses stand apart from the competitors.
The Board acknowledged that applicant has made some effort to use the proposed mark as a service mark, including some "look for advertising" and inclusion of the sunflower motif on business cards and applicant's website.
Today, business and commercial environments are evolving at a rapid rate. As a result, companies have begun to strategize their business models in a manner that would boost their goodwill, reputation and authenticity. Such strategies are not merely restricted to trademarking names, patenting products or copyrighting creative material.
Many companies exploit renowned person identities without obtaining proper consent, leading intellectualproperty experts to advocate for the safeguarding of image rights through registration under IntellectualPropertylaws.
It helps in the proliferation of the identity of the brand in general and aids in further expansion of business endeavors. The business sectors may be different, but they are all united by a common logo utilizing the ‘R’ alphabet and a shadow of the flame.
Trademarklaw permits others to use your mark if that use qualifies as fair use. Permitted uses include allowing a person to use a mark in 1) a non-trademark, descriptive sense to describe a trademark holders goods and/or services and 2) to refer to a trademark owner or its good and/or services.
She is intrigued by the field of IntellectualPropertyLaw and wishes to explore the same.] With the growth of competitive businesses around the world, industries are indulging in practices to promote their own goods to make it more attractive for consumers. Image from here.
Therefore, to protect your business in the hospitality industry, you must seek protection via IntellectualProperty Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Relationship between TrademarkLaw & the Hospitality Industry.
5 Proven Steps to Protect Your IntellectualProperty in 2025 In a world where ideas are currency, protecting intellectualproperty (IP) has ne ver been more critical. Whether youre an entrepreneur, artist, or business leader, safeguarding your creations ensures that your innovations remain yours to benefit from.
Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. This merger between the business companies comprises a trademark assignment. For more visit: [link].
A thorough awareness of intellectualpropertylaws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Copyright and trademark are the most important IP rights in this industry.
A trademark is a symbol or design or word or phrase that acts as an identifier for a business goods or services. A business may come up with a unique design to stand out from its competitors, to act as a differentiating symbol for the company. It serves as a means of identification via websites and online commercial activity.
Additionally, intellectualproperty, including patents, copyrights, and trademarks, is governed by territorial laws, and enforcement varies by jurisdiction. Navigating the complexities of intellectualpropertylaw requires a thorough understanding of the rights, processes, and limitations involved.
Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademarklaw, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria?
Kayode & Co, a boutique IP law firm with offices in Lagos and Abuja, Nigeria. Lara is a leader in Africa trademarklaw, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria?
The TrademarkLaws 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. Understanding the Secondary Meaning of Trademark.
Selecting a keyword search term is a strategic endeavor for many businesses because such keywords can be used to lure consumers away from competitors’ products or services. Alternatively, should trademark owners have a responsibility to aggressively protect their intellectualproperty?
TrademarkLaws and regulations safeguard brand and business owners from two types of infringement, including the possibility of confusion and redress. Domain Names – A domain name, in simple terms, refers to the online identity of a brand or business. It is easy to use and remember.
The courts in India protect barcodes and QR codes under the TrademarkLaw. Furthermore, the plaintiff submitted that the said infringement caused it loss of business and diminished the GS1 system’s integrity apart from products sold of lower quality than those of the plaintiff. Needle Industries (India) Pvt. GS1 India v.
companies, like Hetronic , that conduct business worldwide. trademark abroad only if that use is likely to cause confusion in the United States, which was not the case here. trademarklaw, allowing U.S. Multiple amici also filed briefs. commerce and does not depend on the defendant’s U.S. citizenship.
§ 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademarklaw significantly and allowing current events to be treated similarly to historic events from a trademark perspective. Japanese TrademarkLaw, Article 4(1)(viii). ” Id. (at
Sunanda Bharti on the Michelin Stars and its interaction was trademarklaws. 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 IntellectualPropertyLaw?
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