SpicyIP

JULY 22, 2024

Part I- An Empirical Analysis of ‘Scandalous’ and ‘Obscene’ Trade Marks in India What does data say about marks that are considered obscene or scandalous by the Indian Trademark Registry? Both ‘PHENSEDYL’ and ‘PHENSERYL’ are products marketed to treat the same allergic symptoms, leading to increased chances of confusion.

Registering Trademarks 76

Registering Trademarks Licensing Trademark Advertising 76

IIPRD

FEBRUARY 23, 2021

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. Trademark as Collateral in the US. In addition to registered trademarks at the USPTO, debtors can also pledge common law trademarks, which are trademarks not formally registered.

IP 40

IP Intellectual Property Branding Brands 40

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks perform the following functions- Trademark or logo helps identify the goods and services easily: A trademark serves as a means of identification for a certain brand, corporation, or other entity, allowing it to be clearly distinguished from the other brands on the market. What constitutes a Trademark?

Business 52

Business Trademark Registration Cease and Desist 52

Kashishipr

SEPTEMBER 29, 2021

To initiate securitization, the originator (owner of the IP assets) has to place its assets or the rights to its future revenues (royalties) in a special purpose vehicle or a trust, which then issues securities in the capital market. However, the resale market for intangible assets is instead less formalized since they offer less certainty.

Intellectual Property 105

Intellectual Property IP Marketing Marketing 105

SpicyIP

FEBRUARY 12, 2024

After an eventful week, here is our recap of its top IP developments. Introduced to incorporate the Jan Vishwas Act amendments within the Trade Marks Act, the proposed Rules prescribe an adjudication mechanism to hear complaints alleging false representation of a mark as a registered trademark.

Trademark 80

Trademark Social Media Registering Trademarks Copyright 80

SpicyIP

JANUARY 9, 2023

After an eventful first week of the year, we bring out quick summaries of the 6 blogposts we carried, along with 10 cases and other national and international IP developments for you. Case : Microsoft Technology Licensing Ltd. Important IP cases that we’re missing out on? Especially from other High Courts? Highlights of the Week.

Trademark 90

Trademark IP Registration Reporting 90

SpicyIP

AUGUST 12, 2024

Other Posts Trademark Infringement to Criminal Prosecution: an Inimitable Interaction? Image by wirestock on Freepik In an interesting turn of events, a plaintiff in a trademark infringement suit got criminal proceedings initiated against them by the DHC for submitting false evidence! Visa International Ltd.

Trademark 84

Trademark Personality Rights Registration Business 84

SpicyIP

JANUARY 2, 2022

This judgment concerned the classification of payments under end-user license agreements (EULA). CRI Events Private Limited [Delhi High Court]. The second suit was filed by IPRS and PPL against an event management company for broadcasting music without authorization. Engineering Analysis Centre for Excellence Pvt.

IP 136

IP Intellectual Property Copyright Trademark 136

SpicyIP

DECEMBER 12, 2022

The Court relied on termination of the license agreement between the parties to hold that the Defendant has no right to use the deceptively similar mark. AWACS data highlights that innovator drugs maintain market hold even after patent expiry. The Delhi High Court decreed the suit considering that the parties settled the dispute.

Copyright Infringement 97

Copyright Infringement Settlement Registration Trademark 97

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. But the 2013 Documentary was not a market substitute, because it was transformative of a small portion of the 2001 Documentary. [OK,

Fair Use 52

Fair Use Trademark Copyright Editing 52

LexBlog IP

JANUARY 22, 2022

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.

Trademark 52

Trademark Registration Branding Brands 52

LexBlog IP

JANUARY 22, 2022

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.

Trademark 52

Trademark Registration Branding Brands 52

43(B)log

OCTOBER 4, 2021

My former student Grace McLaughlin has written an excellent note about the fact that these putative trademarks don’t serve human trademark functions—it’s very hard to remember them or distinguish one random string from another random string in terms of knowing what you’ve seen before—and has proposed some possible responses from the PTO.

IP 94

IP Trademark Advertising Advertising 94