This site uses cookies to improve your experience. To help us insure we adhere to various privacy regulations, please select your country/region of residence. If you do not select a country, we will assume you are from the United States. Select your Cookie Settings or view our Privacy Policy and Terms of Use.
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Used for the proper function of the website
Used for monitoring website traffic and interactions
Cookie Settings
Cookies and similar technologies are used on this website for proper function of the website, for tracking performance analytics and for marketing purposes. We and some of our third-party providers may use cookie data for various purposes. Please review the cookie settings below and choose your preference.
Strictly Necessary: Used for the proper function of the website
Performance/Analytics: Used for monitoring website traffic and interactions
However, the idea of protecting the API through the medium of a trade secret goes against the very idea of conceptualizing and designing an API. The post Protecting Application Programming Interfaces (API) Through IntellectualPropertyLaws appeared first on Blog | Kashish IPR | IntellectualProperty Rights Law Firm.
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.
There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents. Utility patents protect functional aspects of a product, and design patents protect the appearance of a product. The purpose of a trademark is to prevent consumer confusion about the source of the corresponding product.
The complaint focuses on the use of marks by Hyk that Hiker claims are confusingly similar to its own registeredtrademarks. Hiker has been in the business of designing and manufacturing customizable trailers for over a decade, earning a reputation for quality and durability.
No trademark office across the globe will ever keep a watch on the market for unauthorized use of your RegisteredTrademark. 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.
Announcing the Winners of the 2024 Shamnad Basheer Essay Competition on IntellectualPropertyLaw! We are delighted to announce the results of the 2024 Shamnad Basheer Essay Competition on IP Law. revolves around trademark infringement, where the plaintiff, Levi Strauss & Co., Nike Innovate C.V
Have Proper Symbols of Trademark Registration & Ownership. If you don’t have a RegisteredTrademark 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.
The label in question was designed by an employee of SK Oil Industries. According to NTC, the SSPL label mark was only a registeredtrademark, and therefore, it couldn’t be used as an artistic work. It further added that an individual could either own a registeredtrademark or copyright but not both.
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.
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).
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 .
INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registeredtrademark in a way that is likely to lead to confusion about the origin of the product.” FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign
Madelaine Lynch is a 3L JD Candidate at Osgoode Hall Law School, enrolled in Professor David Vaver’s 2021-2022 IntellectualPropertyLaw & Technology Intensive Program. Unregistered vs RegisteredTrademarks. To some extent trademarks can be protected without registration.
Any engagement with a registeredtrademark can be well covered within the purview of artistic freedom, if such reference forms an essential part of the production of an artwork and does not degenerate or disparage the applicant’s trademark, the court noted.
However, there exist some steps and guidelines you can take and follow to ensure your RegisteredTrademark remains protected and valid. Firstly, it is imperative to understand what a trademark is and how it differs from other forms of IntellectualProperty (IP). Guidelines on Maintaining Your Trademark in India.
Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement , remedies for damaged goods, and modes of transference of a RegisteredTrademark. Vienna Code Search – To conduct a trademark search for similar artistic designs.
Goods or items produced outside Bangladesh involving infringement of the Copyright Act, 2000 or infringement of layout design of integrated circuits that are intended for sale or use for commercial purposes within the territory of Bangladesh. Images of genuine goods (for trademarks and designs).
Abstract In the changing landscape of intellectualpropertylaw, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. The law states that the shape should not serve a functional purpose, meaning it should not be designed to achieve a technical result.
IntellectualProperty Rights occur as the dynamic instrument to discourse these tasks if the legal protection and development of a situation is beneficial to development and novelty. Trade Secrets include the secret business information that provides a competitive edge such as the formulas, practices, designs, and processes.
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.
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.
In the Metaverse, protectable IP assets vary from copyright to trademark, including slogans, logos, brand names, and trade dress in the form of design and packaging, and even Patent Protection for inventions.
Of these crimes, IntellectualProperty (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., With the advancement of technology and the overreaching effect of cyberspace, cyber crimes have also witnessed a surge. by using the internet and computers as a medium.
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. Sanjeev Kapoor, who holds a registeredtrademark for SANJEEV KAPOOR KHAZANA in Class 29.
Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades.
and Chhaterpal Singh (Defendants) for the unauthorized use of its trademarked business name. The lawsuit, filed under the Lanham Act and related Indiana state laws, addresses issues of trademark infringement , unfair competition , false designation of origin , and trademark dilution.
The TrademarkLaws of different nations prevent third parties and entities from using a RegisteredTrademark , 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.
A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Judgment of Indian Courts on Color Marks. Case No: A3/2016/3082).
A brand name is usually a name given by the proprietor of a product or service to designate a name to the company with which it is associated. D) Bolstering Further Expansion : Once a trademark is registered, the name or the design is safeguarded and proactive protection is offered to the proprietor.
The secret can be technical, like manufacturing processes, pharmaceutical test data, designs, and drawings of computer programs, or it can be commercial, like distribution methods, a list of suppliers and clients, and advertising strategies. The trade secret must contain information not known to the public, which makes it a viable secret.
A registered GI prohibits a third party from using such GI by any means in the designations or presentations of goods that indicate that such goods originate in a geographical area. Today, Roquefort cheese is protected by a GI as recognized by the EU law, which introduced GIs in its legal framework back in the year 1992.
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. While intellectualpropertylaw can be complex, following a structured approach can help secure your ideas and prevent misuse.
This seriously threatens the financial interests and intellectualproperty rights of enterprises. TrademarkLaw Before pre-digitalization The US Trademark Office (USPTO) defines a trademark as a word, phrase, design, or symbol that serves to identify and distinguish the products or services you sell apart from those of others.
Protecting fictional characters under intellectualpropertylaw is crucial given the economic and cultural value they can acquire. An example of this is the trademark “Pierre Cadault”, which monopolizes the name of the main character in Emily in Paris and was contested on the grounds of bad faith.
IP in different forms like trademarks, copyright, patents, and industrial designs acts as a seal of distinctiveness, quality, and authority for every other company. Every business company across the globe is striving to attain a level of distinctiveness that would set it apart from the rest.
The same can be possible through trademarking any word, symbol, design, or phrase that the company uses to identify itself in the marketplace. Any business owner looking to distinguish himself from others in the market would be wise to safeguard the elements that make his business unique.
According to the complaint, Gema is a worldwide leader in the design and manufacture of electrostatic powder coating control units, and powder feed systems. The Design Patents are for a variety of powder guns and spray equipment. Gema sells a variety of powder guns and spray equipment in this district and throughout the United States.
A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. It recognizes the corporate identity of the brand.
That is why it is imperative to have your trademarkregistered. Having a Trademark Registration in place shall provide you with exclusive rights over its ownership and usage. A RegisteredTrademark helps optimize goodwill, safeguard brand value, and build trust.
Where tangible resources are constitutive of buildings, machines, and equipment, intangible resources are creations of the mind, which include inventions, literary, artistic, and musical works, labels, designs and symbols, and other goods or services of the like nature.
The problem of counterfeiting not only puts brands at risk of their trademarks, brand value, and goodwill getting damaged but also puts consumers at the risk of receiving sub-standard quality products, which may ultimately affect their health and wellbeing. Counterfeit Products Online.
Sealing and Registration: Where no opposition was filed against the trademark application, the next stage shall involve payment of the sealing fee in order that the registration certificate may be processed and issued. This is mainly due to the fact that unregistered trademarks are accorded no statutory protection under Nigerian law.
Sealing and Registration: Where no opposition was filed against the trademark application, the next stage shall involve payment of the sealing fee in order that the registration certificate may be processed and issued. This is mainly due to the fact that unregistered trademarks are accorded no statutory protection under Nigerian law.
Also, these dealers streamline research and development initiatives towards designing around those patents. Patent trolls often conduct through IP Due Diligence to acquire high-quality patents capable of exponential monetization.
We organize all of the trending information in your field so you don't have to. Join 9,000+ users and stay up to date on the latest articles your peers are reading.
You know about us, now we want to get to know you!
Let's personalize your content
Let's get even more personalized
We recognize your account from another site in our network, please click 'Send Email' below to continue with verifying your account and setting a password.
Let's personalize your content