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We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarkslaw. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in Intellectual Property Law, especially TrademarkLaw.
2023 was an active year in Canadian trademarklaw. Canadian Courts addressed a wide range of issues, from licensing to comparative advertising to co-branding. Notable changes also emerged from the Canadian Trademarks Office. Additionally, many trademark fees increased by 20-35%.
If the costume isn’t licensed, why is it not infringing regardless of the name change? To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademarklaw apply to costumes. In short, Juice Demon is Juice Demon because he can’t be Beetlejuice, not without a license.
[Image Sources: Shutterstock] Addressing the Challenges: To mitigate the risks associated with IPR in AI, stakeholders can adopt several strategies: Data Licensing Agreements: It is futile to train models using datasets that do not possess the right license and accreditation from the owners.
St Atilla discussed the EUIPO's decision to uphold the trademark protection for "KIM KARDASHIAN," highlighting the importance of reputation in trademarklaw. Copyright and Design Law Alessandro Cerri detailed a decision by a Delaware court where the fair use defense was successfully applied in a copyright infringement case.
Introduction Trademarklicensing is a legal phenomenon where a trademark owner (Licensor) grants permission to another (Licensee) to use the trademark on mutually agreed terms and conditions. Hence, it reduces the uncertainty associated with the licensing of trademarks.
These problems are catalyzed by online marketplaces ranging from major retailers like Amazon to smaller websites such as DHGATE.com that serve as a safe haven for vendors peddling knockoff, unlicensed apparel imported from China at a significant discount compared to officially licensed products. [vi] In Scandia Down Corp. Euroquilt, Inc. ,
This case highlights the complexities of trademarklaw in the NFT ecosystem, where artistic freedom often clashes with brand protection. The outcome underscores the importance of trademark enforcement in safeguarding brand reputation, particularly in an era where digital assets are increasingly intertwined with physical products.
District Court finding that Lighthouse Enterprises issued a naked license to Blue Mountain, which covered the trademark in question. Scott Hervey and Eric Caligiuri discuss this case and how to avoid bearing the risks of a naked license in this episode of The Briefing. Bliss Nutraceuticals, the 11th Circuit upheld a U.S.
Once a trademark reaches the generic status, the loss of distinctiveness implies a loss in trademark protection, leading to third parties seeking the cancellation of such a mark through this argument. Uncontrolled licensing of a registered trademark can also result in the loss of the exclusive trademark rights.
In 2006, work on simplifying procedures for the protection of industrial designs started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) , which has evolved into the draft for the proposed DLT. International License. Copyright: WIPO. Photo: Emmanuel Berrod.
This month, we conclude our series that explores ways to lose trademark rights with an examination of naked licensing, discuss a favorable rules change to the Chinese TrademarkLaw, and provide two USPTO updates relevant for trademark applicants and owners. New Rules Allow for Suspension of Trademark Review.
In terms of trademarklaw, yes. However, in a fight against counterfeit products, Chanel can still turn to unfair competition laws in Lithuania, which grant protection against copying the appearance of a competitor’s product. talk) and is licensed under the Creative Commons Attribution-Share Alike 3.0 Unported license.
Emojico has trademark registrations in the word “emoji” for a ridiculously broad range of product categories–from (I’m not making this up) ship hulls to penis enlargers–and it then licenses the word to product manufacturers and defendants ensnared in its enforcement net. The SAD Scheme helps with that.
Well-Known Trademark Status: The brand is recognized as a well-known trademark, a designation under Indian trademarklaw that provides broader protection. No Authorization: Bose had never licensed or authorized the respondent to use its mark in any form, including as a domain name.
Lifeguard Licensing owns registrations for LIFEGUARD for lots of goods including apparel. DC/Marvel own a joint registration for SUPERHEROES for comic books/entertainment/apparel/toys. This term is really generic for a genre, but there’s the registration. Yet the company is aggressive against anyone using that term.
For its part, WOTC claims that it retains common law interest in these marks, on the basis that it has continued to use the marks since at least 2012. Since then, WOTC has licensed the marks to another company which sells older editions of both D&D and the original Star Frontiers.
This debate has long been an issue in trademarklaw, and decades-old caselaw left the issue undecided. Accordingly, the Court denied Penn State’s motion to dismiss and allowed Vintage to proceed with its counterclaims that Penn State’s trademark registrations for its logos are merely ornamental.
They sought at least $45 million from the government of Puerto Rico for issuing a commemorative license plate for the fiftieth anniversary of Roberto Clemente’s “Hit 3000,” at $21/plate. For trademark, any request was moot since the law requiring the sale of license plates and license labels expired by its own terms on December 31, 2022.
The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to assist under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. Performing trademark searches. Conducting legal research.
Existing trademarklaws sufficiently address online infringement without needing a new “e-infringement” category. Sections 29 and 30 of the Trademarks Act, 1999 already define infringement and exceptions, covering unauthorized use by any party, which includes online retailers.
Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark Reportedly, Samsung India is opposing the use of ‘Samsung’ in an application to register the trade union of it’s workers. The Court noted the expiration of the license and the respondents’ registered trademark rights.
Google argues that any decision in Edible’s favor would be contrary to federal trademarklaw and be in violation of the free speech provision of the First Amendment of the U.S. NOT a TM Case: A key aspect of the case is that Edible is not on suing trademarklaw. Constitution. Briefs: Edible Appellant Brief.
Seen in this light, commercial courts in Russia have resisted turning copyright and trademarklaw into a political counter-measure against “unfriendly” states. The picture in the upper middle is by Amin and is licensed under the Cretive Commons Attribution-Share Alike 4.0 International license.
In 2013, Constellation acquired perpetual, irrevocable, and exclusive license rights in the Corona marks, which gave Constellation the right to sell products under the Corona trademark. Constellation disagrees with Modelo’s position that hard seltzers are not allowed under its license.
Scary Issues with Licensing and Trademarks. Although costumes are generally not afforded copyright protection, trademarklaws still prevent retailers from selling and marketing unlicensed versions of costumes using the names which they are based on. It appears in the U.S., DIY Tricks? In Canada, section 29.22(1)(e)
The application seeking the interim relief was filed by UTIITSL who has been an authorized service provider since 2003 for processing PAN and related services like issuance of documents such as Aadhar Card, Voter ID, driving license, etc.
GmbH has registered trademarks in the dictionary word “Emoji.” ” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'”
Rather, the quoted language came from an SDNY decision ( Tommy Hilfiger Licensing, Inc. Going forward, my advice to parodists who don’t want to be found to infringe trademarks: make sure your parody slaps everyone right in the face. After Vans , the critical question is whether a defendant has made a trademark use.
This case highlights the intersection of trademarklaw and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. In a landmark ruling on February 25, 2025, the Delhi High court ordered Amazon to pay a hefty Rs. The Plaintiffs LifeStyle Equities C.V.
These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. Article 143 of the Patent Law provides patent holders recourse to file claims in the Commercial Court if the rights under their patent are infringed by another party. cross-border transfer of personal data.
Nevertheless, most commenters disfavored new, NFT-specific laws to address trademark infringement both because NFT technology is still evolving rapidly and because many federal court cases involving these issues are still pending and will likely provide answers regarding whether existing trademarklaws are sufficient.
The Cowichan could have had a stronger claim against Ralph Lauren, given that they had already turned their minds to protecting their intellectual property through trademarklaw. However, the wrestler had licensed their likeness to WWE, who in turn licensed it to Take-Two. Their application was granted in 1997.
57 of the Chinese Trademarklaw. The article provides as follows: “ Any of the following acts shall be deemed as infringement of exclusive rights to use registered trademarks: . (1) 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the TrademarkLaw.
Facilitating Licensing and Collaborative Ventures: As a musical brand grows, opportunities for licensing names and logos for diverse products and collaborative projects will likely emerge. This provides legal recourse against cyber-squatters and unauthorized entities seeking to capitalize on established brand recognition.
In at least one case, there are breaches of trademarklaw too. That is probably less problematic since publicly available playlists use the BBC’s URLs which can be legally accessed by those with a UK TV license and UK IP address. Those detailed in the two images below are undoubtedly illegal services.
In this case, Tata Trust had two main allegations: first, that the defendant was using the Tata trademark, and second, that his image and name were being misused to hold an event titled THE RATAN TATA NATIONAL ICON AWARD 2024 by a journalist. 2011), which imported the well-known trademark principle to protect well-known names as well.
On June 3, 2019, Judian became aware of an advertisement for sale of the trademark on an online marketplace, VanSky. When the applicant’s contact made inquiries about purchasing the mark, the respondent asked for $100,000 per year to license the registration. The Decision. 18(1)(e) of the TMA.
Lisa Blatt, representing Goldsmith, proposed that one may just as easily argue that the “purpose” of both uses was the commercial licensing of the works for publication.
Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do.
By: Tyler Dysart The sports apparel market is plagued by counterfeit products that reproduce athletic teams’ trademarks at a fraction of the cost. This is out of line with the modern policies behind trademarklaw, which is to protect consumers, not the manufacturers.
Creators need to comprehend the fundamentals of copyright law to safeguard their creations and negotiate licensing and distribution contracts with skill. TrademarkLaw in the Entertainment Industry When it comes to branding and selling entertainment-related goods and services, trademarks are crucial.
The first company to trademark a color was Owens-Corning. Owens-Corning leaned into the pink branding, including licensing the cartoon character Pink Panther to promote the products. In 1987, it was awarded the first ever trademark of a color. It now owns the signature pink color used in its proprietary insulation.
After filing for trademark registration, the application will be reviewed by the Trademark Office so as to check whether any same or similar trademark or any marks are not already registered or has previously applied by any other applicant. Request for Preliminary trademark examination.
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