SpicyIP

NOVEMBER 3, 2024

Dabur India Limited vs Bhagwati Udyog on 7 October, 2024 (Delhi District Court) Image from here The Plaintiff sought permanent injunction restraining the defendant from infringing and passing off its registered trademark “GULABARI” by selling rose water under the deceptively similar mark “AAYUSH GULABARI.” Koninklijke Philips N.V

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Indiana Intellectual Property Law

NOVEMBER 29, 2024

The complaint focuses on the use of marks by Hyk that Hiker claims are confusingly similar to its own registered trademarks. Hiker has been in the business of designing and manufacturing customizable trailers for over a decade, earning a reputation for quality and durability.

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Patent Trademark Blog

NOVEMBER 30, 2023

Rejected Trademark Application? Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Having difficulty trademarking your brand?

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Patently-O

OCTOBER 8, 2021

” UGG is a registered trademark in the USA, now owned by Deckers Outdoor Corp. Back in 2016, Deckers learned that Australian Leather had imported 12 pairs boots labelled “ugg boots” into the USA and sued for trademark infringement. On appeal, the Federal Circuit affirmed in a R.36 Petition ].

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Patent Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

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IAM Magazine

SEPTEMBER 29, 2022

On 2 June 2022, data from the Chinese Patent Office showed that a Renault SAS design patent (ZL202130363449.5) with the name “Automobile” was declared as invalid in its entirety for conflict with a registered trademark owned by Human Horizon, who filed the invalidation action.

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IAM Magazine

SEPTEMBER 29, 2022

On 2 June 2022, data from the Chinese Patent Office showed that a Renault SAS design patent (ZL202130363449.5) with the name “Automobile” was declared as invalid in its entirety for conflict with a registered trademark owned by Human Horizon, who filed the invalidation action.

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SpicyIP

OCTOBER 14, 2024

Levi Strauss And Co vs Dinesh Sharma on 26 September, 2024 (Delhi District Court) Image from here The plaintiff sought a permanent injunction against the defendant for infringing on its trademarks, including “LEVI’S,” the “Two Horse Logo,” and the “Arcuate Stitching Design.”

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Kashishipr

JUNE 1, 2022

For every business or brand owner at present, the design of a product has become a crucial concern, and why won’t it be, after all, “A thing of beauty is a joy forever.” ” The unique design of a product, such as that of Mini Cooper and Coca-Cola, forms brand identity. Infringement of Industrial Designs .

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Erik K Pelton

AUGUST 20, 2024

Errors have the potential to limit or jeopardize a brand owner’s trademark rights; result in a voided application; delay the application process; or result in the loss of non-refundable USPTO filing fees. When a brand owner registers the words, the ® can be used whenever those words are used—in text, in logos, and more.

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IP Tech Blog

FEBRUARY 1, 2024

Trademark and registered design portfolio It goes without saying: maintaining a comprehensive trademark portfolio is key. For every successful brand, it is critical to properly protect and to productively develop and use the underlying intellectual property (IP) in that brand to ensure its long-term growth.

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Branding Brands Branding Social Media 101

Kashishipr

MARCH 2, 2022

No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark. Furthermore, it will also never enforce your trademark rights on your behalf. It implies that the onus lies with the trademark holder to prevent others from infringing upon his trademark rights.

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Kashishipr

AUGUST 25, 2021

Ferrari registered the trademark to protect the shape of its 250 GTO model back in 2008, despite only having manufactured the cars between 1962 and 1964. Ares Design, an Italian car manufacturer, filed a cancellation action against Ferrari’s mark by arguing that it had not been used for a continuous five-year period.

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Patent Trademark Blog

APRIL 7, 2022

What may have been unimaginable years ago has become a genuine concern for trademark owners who care about the virtual world. Yes, you can register trademarks for virtual goods with the USPTO. How do you trademark in the metaverse? How do you trademark in the metaverse? First, specify the mark.

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Garrigues Blog

JULY 27, 2021

This time, we will take a look at other equally important branches of IP that are covered by the report: trademarks, industrial designs and creative industry (publishing). Trademarks. WIPO’s report revealed that trademark applications continued to grow worldwide in 2019 – this time by 5.8%. Industrial designs.

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Plagiarism Today

OCTOBER 26, 2021

First, design elements that are “physically or conceptually separate” from the article can be protected. 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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Erik K Pelton

APRIL 24, 2023

Non-traditional trademarks include sounds, sense, motions, lighting, colors, and more. Essentially, things that are not made up of logo designs or words. I want to focus on color trademarks. The brown color used by UPS is a registered trademark. For instance, the magenta of T-Mobile is a registered trademark.

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Patent Trademark Blog

JULY 7, 2021

How will a design mark application be compared to a word mark registration? To register a trademark containing numbers and/or letters, a trademark application may typically be filed for the word mark (standard characters) or the design mark (e.g.,

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Patent Trademark Blog

JANUARY 4, 2024

Can you obtain a US registration for a foreign registered trademark? Many international trademark owners are familiar with the Madrid Protocol where you file your first trademark application in your home country. Afterwards, you file a Madrid application designating multiple foreign countries.

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Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

The commencement of the Spring/Summer Fashion Week 2024 has seen luxury brands display their designs on the ramp again. Apart from designer clothes, this year also saw the debut of new signature colours of two beloved luxury brands-Burberry and Gucci. Gucci currently has 29 registered trademarks in the EUIPO alone.

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SpicyIP

DECEMBER 2, 2024

Samridhi Chugh and Manya Gupta write about this order, explaining how the Court appears to have convoluted the issues surrounding the interplay between trademarks, disparagement, and free speech, rather than clarifying them. It involved the plaintiff’s registered trademark, “SUPREME”. In this post by Kartikeya S.,

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The TTABlog

MARCH 8, 2022

The Board upheld a refusal to register the proposed mark MADE FOR YOU LAB-GROWN DIAMONDS , in standard character and design form, for 'diamonds; jewelry" [LAB-GROWN DIAMONDS disclaimed], finding that the phrase fails to function as a trademark. The Trade Mark [sic] Act is not an act to register words but to register trademarks.

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SpicyIP

SEPTEMBER 6, 2021

Delhi High Court entrance. A Bangalore District Court in P Kanthilal v.

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Patently-O

DECEMBER 20, 2022

I think of these generally as “smart wallets” but I learned today that the company Storus has a registered trademark for that term. In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. What should I call them now?

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SpicyIP

APRIL 20, 2025

Sound recording licensing, Indiaa annual IP report, creative works as industrial design, and a lot more that has happened last week. Part I] Cryogas Judgment: Supreme Court Stops Copyright from Gaslighting Design The Supreme Courts recent judgment in Cryogas Equipment Pvt. Anything we are missing out on? Inox India Ltd.

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JD Supra Law

DECEMBER 2, 2021

Granting the defendant’s 12(b)(6) motion to dismiss, By: Ladas & Parry LLP

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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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IP and Legal Filings

JANUARY 8, 2025

It deprives trademark owners of losing market and financial losses through apprehension of infringing imports. Take an instance, international brands frequently record their trademarks with Indian customs to block the entry of fake products that replicate their logos or designs.

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IPilogue

AUGUST 18, 2022

It included both common law marks and marks registered within the meaning of the Canadian Trademark Act. Bill 96, however, stipulates that such exception can only be applied to registered trademarks, if no corresponding French version appears in the Canadian Trademark Database.

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Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. 1125(c)(3)(A). 1125(c)(3)(A).

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SpicyIP

NOVEMBER 18, 2024

The SOS Agreement included a licensing clause allowing the applicants to use the “UTRACON” trademark whose rights were held by the respondents. The Court noted the expiration of the license and the respondents’ registered trademark rights. Bibin John vs Lifestyle International Private Ltd.

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IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. When it comes to food designs, how far can a trademark go? On September 28, 2021 , The Hershey Co.

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Kashishipr

MAY 4, 2022

Have Proper Symbols of Trademark Registration & Ownership. If you don’t have a Registered Trademark in place but a good faith belief concerning you owning a mark exclusively, you should use the ‘TM’ symbol with your mark. It informs the customers that you consider yourself the mark’s rightful owner.

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Kashishipr

SEPTEMBER 20, 2021

The label in question was designed by an employee of SK Oil Industries. According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work. It further added that an individual could either own a registered trademark or copyright but not both.

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43(B)log

MARCH 10, 2023

The highway protocol allegedly suffered from performance issues and never met the design requirements that Zamfir had previously advertised when working with CasperLabs on the product, thus allegedly harming his reputation. Those injuries didn’t come from the alleged infringement.

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Kashishipr

JUNE 30, 2021

Modularity allows firms and companies with complex technical systems to divide the components therein, called the modules, which are capable of being designed independently, but to function, they need to be looked at together as a whole. The concept focuses on the notion of distributed innovation in the contemporary global economy.

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Kashishipr

DECEMBER 15, 2021

The High Court upheld the UKIPO’s decision – that while the shape may seem significant and distinct to automobile enthusiasts, it “may be unimportant, or may not even register, with average consumers.” Another car company, ARES Design, announced its plans to bring a modern take on the classic 250 GTO model in 2018.

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