SpicyIP

SEPTEMBER 11, 2023

This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Plus, I argue that the liability of such an agent should be analogized with legal practitioners for which we already have sound jurisprudence and laws regarding professional conduct.

Government 94

Government Trademark Patent Patent Application 94

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. A reading of the statute indicates that this provision focuses on registered trademarks and the related infringement. However, in the case of Dolphin Laboratories Pvt.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

Intepat

MAY 24, 2023

In the trademark registration process under the Madrid System, a provisional refusal refers to the initial objection or refusal issued by an individual national trademark office (known as the “Office of Origin”) in response to an international trademark application filed through the Madrid System.

Registration 52

Registration Trademark Intellectual Property Reporting 52

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties. of Ala, LV v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Delhi High Court Imposes Costs worth INR 2 Cr. on Triveni Interchem Pvt.

Designs 52

Designs Design Trademark Cease and Desist 52

IIPRD

OCTOBER 14, 2022

After the amendment of 1994, programs designed to operate computers are included in the meaning of “literary works” under the Act. Concerning infringement, a trademark is abused when a person adopts a corporation’s domain name without authorization.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

IP and Legal Filings

MAY 8, 2024

The present appeal is filed by appellants under order 43 Rule 1(r) of CPC against order of Commercial Court, Indore. Issues Raised Whether entire registered trademark should be compared with the offending trademark without splitting up and dissecting any of the trademarks to adjudge visual, phonetic and structural similarity?

Trademark 52

Trademark Intellectual Property Branding Brands 52

Kashishipr

MAY 11, 2022

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).

Trademark Law 105

Trademark Law Trademark Law Branding 105

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 78

Trademark Registering Trademarks Trademark Law Branding 78

Corsearch

AUGUST 30, 2023

Who is a trademark applicant? Anyone who applies for a registered trademark. A trademark which is a combination of a word mark and a figurative mark, for example a text with a particular design (logotype), or the combination of a logotype and and a logo. What is a common-law trademark?

Trademark 52

Trademark Registration Registering Trademarks Designs 52

Intepat

JUNE 17, 2024

Although there are many well-known marks in the industry, registering marks is a vital process for businesses to safeguard their brand identity and intellectual property and to obtain exclusive rights over them. Trademark law underwent substantial changes, both multilaterally and regionally. Allows payment of one set of fees.

Registration 52

Registration Designs Design Trademark 52

LexBlog IP

JUNE 21, 2023

§ 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademark law significantly and allowing current events to be treated similarly to historic events from a trademark perspective. Japanese Trademark Law, Article 4(1)(viii).

Registration 52

Registration Trademark Law Trademark Law 52

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo.

Fair Use 52

Fair Use Trademark Copyright Editing 52

LexBlog IP

SEPTEMBER 29, 2022

(I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ). The object then is to hear out all sides, and offer some thoughts on the recent clamor around acoustic marks and the questions that they present.

Trademark 52

Trademark Registration Music Intellectual Property 52

LexBlog IP

JULY 21, 2021

But just a quick look at the USPTO’s Trademark Electronic Search System (or TESS ) databases reveals many live deistic trademarks include as all or part of a U.S. registered trademarks: Elohim—4. ” Evans (2014) at 12. Jehovah–8. El Shaddai—1 (for computer programs). 3d at 1040 ].

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one.

IP 136

IP Intellectual Property Copyright Trademark 136

SpicyIP

JULY 10, 2024

The proprietors of the NBC logo allege not only infringement of the registered trademark, but surprisingly, also of their registered copyright in the logo. The ‘use’ of the registered trademark ‘in the course of trade’ is an essential prerequisite for a case of trademark infringement. & Ors.

Intellectual Property 49

Intellectual Property Registering Trademarks Copyright Infringement Trademark 49

SpicyIP

AUGUST 18, 2024

Read Yogesh Byadwal’s post explaining what the case is about and how the court interpreted “technical effect” Playing from a “Safe Distance”: Analysing the Rule, its Roots and Application in India Image by wirestock on Freepik What is the “Safe Distance” rule in trademark law and how does it apply?

Registering Trademarks 82

Registering Trademarks Trademark Cease and Desist Copyright 82

Technology & Marketing Law Blog

JUNE 21, 2023

Ramsey is a Professor of Law at the University of San Diego School of Law. She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] By Guest Blogger Lisa P. Ramsey [Lisa P.

Trademark 101

Trademark Blogging Trademark Law Fair Use 101

LexBlog IP

FEBRUARY 16, 2023

On January 13, the China National Intellectual Property Administration (CNIPA) circulated a draft amendment to the PRC Trademark Law for public comment (“TML Draft Amendment”). The CNIPA Draft Amendment is comprised of a total of 101 articles in 10 chapters (as opposed to 73 articles in 8 chapters in the current law).

Trademark Law 40

Trademark Law Trademark Law Registering Trademarks 40

43(B)log

NOVEMBER 8, 2023

Trademark: In Jack Daniel’s v. VIP Products, the Court held that it did not need to apply or even decide the validity of a speech-protective limit on trademark law designed to prevent trademark owners from shutting down expressive works that comment on trademarks, known as the Rogers test.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

OCTOBER 4, 2021

My presentation, galloping across a bunch of developments. Begin with legislative action: Trademark Modernization Act, Which introduces three of the big themes of the year: (1) trademark use, (2) the harm of infringement, and (3) the role of the First Amendment in limiting the scope of trademark rights. Slides here.

IP 94

IP Trademark Advertising Advertising 94