IP and Legal Filings

OCTOBER 28, 2022

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. Intellectual property rights are a key consideration when it comes to NFTs because they contain art, music, videos, pictures, and other creations. Trademark: NFTs may also be protected as a trademark.

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Kashishipr

MARCH 2, 2022

Therefore, any action that dilutes the essence and meaning of a registered trademark can lead to its cancellation. Keeping a regular watch on the market for unauthorized use and reproduction of similar or identical marks goes a long way towards safeguarding trademark rights. Let us understand the term better with a few examples.

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IP and Legal Filings

JANUARY 11, 2024

The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks. CHALLENGES Olfactory markings have certain particular challenges under Indian trademark law. REFERENCES Pan, Y., Research on the distinctiveness examination criteria of scent trademarks.

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Technology & Marketing Law Blog

SEPTEMBER 23, 2021

.” With respect to policy, the majority goes property-absolutist: “Because state property rights can facilitate market exchange, interpreting the § 230(e)(2) limitation to include state intellectual property laws tracks Congress’s pro-free-market goal.”

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Kashishipr

SEPTEMBER 8, 2021

We know that brands try to make their trademarks as unique and distinctive as possible to attain the highest level of protection under the Trademark Law. ’ Common or generic terms are usually not protected under trademark law. Let us find out some of the ways of trademarking these terms.

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Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Consumers stop referring to the trademark as a proper noun for the brand owner’s product but refer to it as a common noun to mean a product category.

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IP and Legal Filings

AUGUST 11, 2023

This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] Sowmya Krishnan, Registrability of non-traditional trademarks: A critical analysis , 6 IJRAR 914, 916 (2019). Indrapuri Studio Pvt.

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Kashishipr

JUNE 4, 2021

Can we Trademark QR Codes? QR codes by themselves are unable to be trademarked since Trademark Law only covers the things that allow the public to identify your goods and services easily, such as names, logos, slogans, sounds, or colors.

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SpicyIP

OCTOBER 18, 2024

student at National Law School of India University, Bengaluru. He is interested in Intellectual Property Laws and the dynamic intersection of law and technology, and seeks to pursue a career in academia and research. Image from here Trademark for ‘Hush Products’: Is there Greater Likelihood of Consumer Confusion?

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IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3]

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IP and Legal Filings

MARCH 5, 2024

Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. This seriously threatens the financial interests and intellectual property rights of enterprises.

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Kashishipr

APRIL 27, 2022

The reason why there has been a sharp increase in moving logos being incorporated as trademarks by many companies is that the contemporary market is now innovating new products with sensory and unique experiences to leave a mark on their customers and develop a distinct and novel reputation. Motion Trademarks in India.

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LexBlog IP

OCTOBER 3, 2023

This article considers a sub-category of trademark law that allows for some interesting board game protection. Trade Dress is an often-overlooked facet of Intellectual Property law that holds significant value for board game inventors and can offer a unique layer of protection for your board game.

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Kluwer Copyright Blog

MARCH 1, 2023

In a twist, however, it is not copyright law, but rather an expansive view of trademark law, that poses this threat. Whether to evoke nostalgia or to immerse their readers, authors use trademarks both to simulate reality and to critique it. In a recent case before the U.S. Supreme Court, Jack Daniels v. Constitution.

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Kashishipr

SEPTEMBER 20, 2021

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. Concluding Remarks.

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Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M.

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Intellectual Property Law Blog

JUNE 16, 2023

Jack Daniels argued the look-alike dog toy could confuse consumers and that its reference to “the Old No. 2 on your Tennessee carpet” tarnishes the Jack Daniels trademark. Lemley, “Grounding Trademark Law Through Trademark Use,” 92 Iowa L. 6] Counsel for VIP answered in the affirmative. at 5-7, 90-91. [6]

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IP and Legal Filings

DECEMBER 13, 2024

As such a proprietary right is granted by way of registration of a trademark, whereby the owner of the mark or other parties granted a license to use the brand has the exclusive right to use it for the purpose of making money. It was highlighted that the Registrar of Trademarks that KWIK is acommonelement. [8] Vardhman Properties Ltd.,

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IP and Legal Filings

JUNE 12, 2023

A trademark typically consists of a word (like Cheerios), a stylised word or letter (like the iconic M logo for McDonald’s), a design (like Nestlé’s birds’ nest), or a phrase (like “Life tastes better with KFC”). References Intellectual Property Law | Color Trademarks: What Protection Can They Have?,

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IIPRD

OCTOBER 28, 2023

Catchphrases in Copyright and Trademark Law Copyright law guarantees artists the protection of their creative work while allowing others to expand upon it through its legislations. Conclusion Indian intellectual property laws and judiciary’s position on the trademark of celebrity catchphrases is a bit shaky.

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Kashishipr

AUGUST 18, 2021

These intangible assets are often used in collaboration with other marks by the formation of a trademark portfolio, which consists of marks sharing a few characteristics and belonging to one entity.

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Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Relationship between Trademark Law & the Hospitality Industry.

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Intepat

MAY 16, 2023

For instance, famous Bollywood actor Shah Rukh Khan has registered his name “Shah Rukh Khan” and the initials “SRK” as a trademark to protect his publicity rights. Publicity Rights Under Indian IP Law In India, there is no direct statute that governs publicity rights in the intellectual property law regime.

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IIPRD

JUNE 9, 2024

This blog aims to discuss the challenges and opportunities of Intellectual Property Rights in the metaverse with prominent precedents. Basics of IP in Metaverse In simple words, Intellectual Property Rights refer to legal rights that protect the intangible property of a person that arises from a person’s intellect.

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LexBlog IP

MARCH 3, 2023

Trademark law permits others to use your mark if that use qualifies as fair use. Permitted uses include allowing a person to use a mark in 1) a non-trademark, descriptive sense to describe a trademark holders goods and/or services and 2) to refer to a trademark owner or its good and/or services.

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Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , 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.

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LexBlog IP

FEBRUARY 29, 2024

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. The US Copyright Term Extension Act was referred to pejoratively as the “Mickey Mouse Protection Act” because of the entertainment conglomerate’s outsized influence.

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IIPRD

FEBRUARY 6, 2024

In this sector, intellectual property (IP) regulations are essential for defending the rights of inventors, artists, and producers. We will examine the fundamental ideas and rules of copyright, trademark, and patent laws as well as how they relate to various entertainment business sectors in this extensive book.

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Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved. Overview of Trademark Assignment.

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LexBlog IP

APRIL 12, 2023

.” But our problem often is that the law, or lawyers, frequently use unfamiliar or exotic terms that others claim have no more understood meaning than a reference to a “ vermicious kind ,” and those or other lawyers may overuse a word that they do not seem to actually comprehend. Let’s look at them in turn.

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Kashishipr

SEPTEMBER 14, 2022

A barcode scanner refers to a laser device that transfers the data or information encoded in a barcode to a computer. A type of matrix barcode, QR codes refer to the two-dimensional (2D) representations of an array of black and white square blocks organized in unique patterns that store the data or information.

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Intepat

OCTOBER 6, 2024

Section 10, as aforementioned, refers to the requirements for a patent application. Additionally, intellectual property, including patents, copyrights, and trademarks, is governed by territorial laws, and enforcement varies by jurisdiction.

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IP and Legal Filings

AUGUST 3, 2023

Before being identified and registered, the trademarks are scrutinized to ensure that they possess the necessary distinctiveness and can effectively differentiate goods or services in the marketplace. Therefore, in order to acquire a registration, a trademark must function as a trademark along with being distinctive.

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SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark! As an IP enthusiast, the author perceives this as a trademark matter.

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Kashishipr

AUGUST 17, 2022

Remember, posting content that contains someone else’s logo, product name, or trademark may infringe upon their IPRs. Trademark Laws and regulations safeguard brand and business owners from two types of infringement, including the possibility of confusion and redress. It is easy to use and remember.

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Kashishipr

NOVEMBER 2, 2022

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid.

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LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” Steel” (which is actually more a Godfather reference than a God one).

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