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in IntellectualPropertyLaw & Management Programme. 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. The last date to apply is November 04, 2024. Mehboob Ahmad & Anr.
PUMA applied for a Federal Trademark registration under Application Serial No. D897,075 and is being sold in connection with the infringing use of PUMA’s NITRO mark. Therefore, Plaintiff is seeking damages for willful trademark infringement in violation of 15 U.S.C. 1125 and Trademark Infringement under Indiana Common Law.
Eashan has been practicing as an intellectualproperty advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectualpropertylaw at National Law University, Delhi. Eashan writes about Indian intellectualpropertylaw on his Medium page.
In this post , Praharsh discusses a Madras High Court Division Bench decision staying an interim injunction granted by the Single Judge Bench in a patentinfringement dispute holding that the order “does not appear to be justified”. Further details, including the link for registration, are provided in the post here.
The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ ’ A patent troll is a term used for describing a company that uses PatentInfringement claims to win arguments and court judgments for profit or to stifle competition.
. * Market research holds relevance in encouraging further R&D and preventing patentinfringement actions. . Market research may also help down the road in preventing PatentInfringement actions.
Save the Date to Attend the 16 th Annual USPTO Design Day The 2023 iteration of the United States Patent and Trademark Office (USPTO)’s annual Design Day will be held on May 4, 2023, with options to attend either in-person at USPTO headquarters in Alexandria, Virginia or virtually.
The proliferation of three-dimensional (3D) printing has led to unique challenges and novel issues in the context of intellectualpropertylaw and, in particular, patentlaw. Due to the protracted nature of the legal system, modern innovation and technological advancements always seem to outpace the law.
for trademark infringement, false advertising and patentinfringement. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. In addition to patentinfringement, BTL Industries also alleges that JV Medical Supplies has violated its trademark rights.
However, the manifestation of such infringement can be through stealing if the IP is affixed in a tangible medium. Vulnerable Forms of IP under the Threat of Theft.
One of the essential requirements to be met for obtaining Patent Protection is that of novelty, i.e., the invention in question must be unique around the world. Patent Search and its Importance. A patent search is the first step of the PatentRegistration process in India, and that too is a crucial one.
The agreement enabled the three parties involved to obtain Freedom to Operate (abbreviated as FTO) , thereby authorizing one another to use some of their respective patented technologies without worrying about PatentInfringement.
Due to such a risk, the defendants in a PatentInfringement suit can preclude the proprietor of the patent from arguing a construction of a claim that would ‘retrieve’ the subject matter surrendered during the prosecution of the patent.
Registration No. Registration Date. Therefore, Plaintiff is seeking damages for Direct PatentInfringement in violation of 35 U.S. 271 , Trademark Infringement, Trademark Counterfeiting, and Unfair Competition, False Designation of Origin, and False Advertising, under 15 U.S.C. §§ 114 and 1125(a). OPTISELECT.
Delhi High Court Comes Down Heavily on the Patent Office for Delay in Passing the Order Image by Freepik DHC comes down on the Patent Office for a four-year delay in issuing an order. Read this post by SpicyIP intern Jyotpreet on what this means for the delays in patent prosecution timelines. Khimji Dayabhai Co.”,
Depending on the patent box regime, income derived from IP can include royalties, licensing fees, gains on the sale of IP, sales of goods and services incorporating IP, and PatentInfringement damage awards.
The widespread availability of low-cost 3D printers will make it easier for anyone to copy even patented products. Even patented objects could be downloaded as CAD files from online markets by anyone with personal 3D printers. This could result in a slew of patentinfringements. Conclusion.
It was in 2019 when Nike filed a PatentInfringement lawsuit against Skechers by calling it out for copying Nike’s strategy. As per Kevin, Snapchat adopted filters because Instagram and many other social media platforms had them.
.” Now, if an unauthorized person or entity uses, manufactures, distributes, or sells a pen with the previously mentioned claimed features, the patent owner could sue that person or entity alleging PatentInfringement.
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