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on 22 October 2024 (Delhi High Court) Image from here The appellant, proprietor of the “BRUFEN” trademark, challenged the registration of the mark “MEBUFEN,” claiming deceptive similarity. Thus, the Court dismissed the appeal, upholding the Registrar’s order granting registration to “MEBUFEN.” Mehboob Ahmad & Anr.
Achieve registration. Enforce your trademark , if necessary, by sending cease and desist letters, or take down notices, or otherwise engaging with infringements. Enforce your trademark , if necessary, by sending cease and desist letters, or take down notices, or otherwise engaging with infringements.
Registration was obtained in March 2018 by decision of the Opposition Division following an unsuccessful opposition filed by Aeroporto di Villanova d’Albenga SpA (Riviera-Airport) (the applicant), which was named Aeroporto Villanova d’Albenga SpA at the time of the opposition. azacilik Tekstil Sanayi ve Ticaret v EUIPO (C?104/18 104/18 P) ).
Last year his Area 51 service was shut down following a cease-and-desist issued by the Alliance For Creativity and Entertainment (ACE). Changes to domain registration records must be prevented and all must be disabled to prevent public access. The injunction and associated documents can be found here 1 , 2 , 3 , (pdf).
Other posts IP Financing in India – Part I: Perfection of Security and (Non) Registration of Copyright Despite the increasing importance of intellectual property in the modern economy, there is a surprising lack of attention given to IP financing in India. Regarding the objection of the defendants that the documents related to Defendant No.
Registration of everyday words such as “bottle”, “company” etc, is not allowed. How to prevent: Keep track of the renewal deadlines and ensure that all the necessary documents are submitted on time or hire an attorney to keep track of the deadlines and file the same on your behalf.
Keep information confidential If you have documents containing trade secret information, keep those documents locked in a filing cabinet. Know the laws As the laws stand at this time, there is no requirement for the registration of trade secrets in order to have legal protection. Normally such matters belong in a civil action.
Keep information confidential If you have documents containing trade secret information, keep those documents locked in a filing cabinet. Know the laws As the laws stand at this time, there is no requirement for the registration of trade secrets in order to have legal protection. Normally such matters belong in a civil action.
“Plaintiff’s takedown letters and supporting document establish facially plausible claims of infringement, and Babybus does not allege a plausible basis for a fair use defense.” Summit Entertainment. * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v. ” Subjective Bad Faith.
Accordingly, you should consider implementing the following practices in order to protect your mark: Marking: It is a good idea to include a registration notice on all marketing materials, your website, brochures, letters, advertising, other documents and other promotional materials.
If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration. . pending or issued registrations) and those that are not.
This post discusses the questions on the issue of joint authorship of audiovisual works and implications of copyright registration, which are raised by this dispute. GMC denied the assertions as false.
Usually, the documents that e-commerce sites would need to be submitted along with the take-down notice are as follows: Proof of Identity – Business incorporation certificate for companies, identification document such as a passport for individuals. Takedown notices, cease and desist notices, etc.,
.” As for the remaining copyright-based takedown notice, the court says it doesn’t matter that BAYC didn’t have a copyright registration for the work at issue because unregistered works are still protectable. Summit Entertainment * Cease & Desist Letter to iTunes Isn’t Covered by 17 USC 512(f)–Red Rock v.
trademark abandonment is defined by the Lanham Act as a ceasing to use a mark in commerce coupled with an absence of intention to resume use. Two of the main elements that determine trademark abandonment are as follows: The absence of the use of the mark Where the owner of the trademark ceases to use the mark in the course of commerce.
In an exhaustive and exhausting opinion, the Board granted petitions to cancel two registration for the mark OLD SCHOOL for various clothing items, on the ground of abandonment. The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use.
Section 9(1) (c) of the Trademark Act, 1999 prohibits the registration of words used commonly. They can only get the protection under the trademark law and get trademark registration when they build a reputation of the specific products and services they deal with. It takes years for them to get registration.
While copyright protection is automatic upon creation, registration provides additional legal benefits. Take prompt action against unauthorized use through cease-and-desist letters, negotiations, or legal proceedings if necessary. Proper documentation is essential for defending your rights in legal disputes.
If these materials show the use of trademarks, logos, or slogans that are not already the subject of a trademark registration or application, then these marks should be cleared for use to prevent unintended liabilities, and they should be considered for possible registration. pending or issued registrations) and those that are not.
The court relied on the studies conducted by Lumen and “large volumes” of cease and desist complaints to prima facie establish that the App is a rogue website and deserves to be blocked as a whole. The Plaintiff has registrations over the marks ‘Purva’, ‘Purvankara’.
Ultimately, while 'Copyright in the Street' is not a working document on which students and practitioners could rely in a traditional way, it does provide a deeper dimension that gives a better understanding of the practices and ethics of these artists, a subject that is often neglected. The use of cease-and-desist letters is widespread too.
It is essential to provide Patent Number, ASIN (Amazon standard Item or identification) Number/Product URL and documents supporting infringing claim. 8] Cease and desist letters are also measures to tackle such infringement wherein the seller is demanded to stop the sale of the product and never sell it again.
In this month’s edition, he looks into topics including the Plant Variety Registry, different tales of/ takes on personality rights, and multiple leaks of key documents and their contribution in law-making. Relying on this, the defendant was able to obtain the impugned copyright registration. Inventprise Inc.
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.
Speaking of the International System, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration shouldn’t be missed. Beyond injunctions, my post arguing that a PhD thesis is a public document as per UGC guidelines might interest you. Check Prashant’s detailed post and Ankit Prakash’s post.
The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. Tam (2017) and Iancu v. The text of Section 2(c) is viewpoint-neutral.
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