JD Supra Law

OCTOBER 2, 2023

Many brand owners are familiar with the value of registered trademarks, which safeguard the goodwill cultivated between mark holders and consumers by reducing confusion as to the source of the associated goods.

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JD Supra Law

JUNE 8, 2022

Thus market players inevitably need to upgrade their trademarks from time to time. This will lead to a “continuation trademark application”, which means the trademark owner re-applies for a trademark that is identical with or similar to an already registered trademark on the same or similar goods and services of his own.

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Kashishipr

MARCH 2, 2022

Therefore, even after a trademark office grants you your exclusive trademark rights, you must do your part to safeguard such rights well. No trademark office across the globe will ever keep a watch on the market for unauthorized use of your Registered Trademark. Non-Intentional Acts of the Trademark Owner.

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43(B)log

SEPTEMBER 6, 2023

Toyota USA sued Allen for grey marketing in violation of the Lanham Act and related claims, asserting that material differences included the existence of a manufacturer-backed warranty, the shipping and packaging of the parts, and the appearance and condition of the parts. The court declined to dismiss the counterclaims.

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JD Supra Law

FEBRUARY 2, 2022

Super Bowl - With the Super Bowl coming up, it is important for brands looking to capitalize on football-themed promotions to remember that the terms “Super Bowl” and “Super Sunday” are registered trademarks guarded by the National Football League (NFL) more closely than a shutdown corner on a wide receiver. By: Foster Garvey PC

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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. Exclusive Trademark Rights for Trademark Owners in India.

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The IPKat

MAY 11, 2024

The fruit industry news has been abuzz this week with reports that a new pineapple will soon be hitting the market in the United States. The pineapple, characterised by its red outer skin and produced in very limited quantities in Costa Rica, is being marketed under the name Rubyglow™ and will retail for nearly $400 per fruit.

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Selvam & Selvam Blog

JUNE 24, 2024

This section essentially prescribes a limitation on the rights of a registered trademark owner. According to the defendants ,since the products were put in the market with the consent of the trademark owner i.e. the original manufacturers, the refurbishing and rebranding by the refurbishers would not amount to infringement.

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IP Law 360

NOVEMBER 2, 2023

Schneider Electric has sued an IT distributor for allegedly trading products with the power supply provider's registered trademark in the U.K., claiming thousands of goods were put on the market without its consent.

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Erik K Pelton

APRIL 24, 2023

Non-traditional trademarks include sounds, sense, motions, lighting, colors, and more. I want to focus on color trademarks. The brown color used by UPS is a registered trademark. For instance, the magenta of T-Mobile is a registered trademark. Colors can be protected.

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IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

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Selvam & Selvam Blog

JULY 28, 2023

the registered owner of the trademark “Chandrika,” in respect of goods covered in class 3, and M/S Mariyas Soaps and Chemicals, the registered owner of the trademark “Chandra” in respect of goods covered in class 3. Can the registered trademark owner seek relief based on passing off?

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Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The stories feature on Instagram is the same as that of its rival and competitor in the market, Snapchat.

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Patent Trademark Blog

MAY 9, 2023

While I’ve discussed how to file foreign trademark applications , let’s dig into the why question. That means a US trademark registration does not provide the trademark owner with rights outside the United States. IP rights are territorial.

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JD Supra Law

AUGUST 28, 2023

As today’s society continues to increase its consumption of alternative (“alt”) animal products, the number of food tech entities entering this market continues to grow. Originally published in the AIPF’s IP Law Bugle - August 2023.

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Erik K Pelton

AUGUST 3, 2020

But the main way that a business communicates about its brand to its customers, is through brand names and logos and slogans, which become trademarks. And of course, which I advocate, should be registered trademarks.

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Kashishipr

MAY 18, 2022

Being a mixed market, India has many industries operating under the free market concept. Without any doubt, the competition in the Indian markets is exceedingly fierce. For any company to thrive and do exceptionally well in the open market, it must create brand recognition among the general public and enhance the brand value.

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Kashishipr

DECEMBER 1, 2021

It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. Use needs to be a genuine ‘commercial use’ and not just a token use and also needs to be in the country in which the mark is registered. What Constitutes Use?

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Likelihood of Confusion

JUNE 4, 2022

Thorne, legal marketing wordsmith extraordinaire, wonders: Why would a court opinion use the magic ® symbol to refer to one registered trademark and not others? And why would an. The post Through WINDOWS®, darkly appeared first on LIKELIHOOD OF CONFUSION™.

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LexBlog IP

AUGUST 16, 2023

Essential Benefits of Trademark Registration – Part 4 This is the fourth in a series of posts about the benefits of having your trademark registered. A registered trademark isn’t merely a logo or a symbol; it’s an asset with intrinsic value.

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JD Supra Law

FEBRUARY 23, 2022

If you have a registered trademark and someone else is trying to register a mark that is very similar to yours, you’ll want to speak up. You invested all of that time, energy, and money into marketing your products or services. By: Whitcomb Selinsky, PC

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IP and Legal Filings

JANUARY 27, 2023

In a larger sense, trademarks stimulate initiative and entrepreneurship by providing their owners with renown and financial reward. Trademark protection also prevents unscrupulous rivals, such as counterfeiters, from using similar unique marks to market inferior or unrelated goods or services.

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SpicyIP

MAY 2, 2022

We’re pleased to bring you a timely guest post by Sangita Sharma on a recent order by the Delhi High Court, on the usage of a competitor’s registered trademarks as keywords or adwords. The plaintiff filed the suit seeking protection of its various registered trademarks used by Defendant No.1- Defendant no.

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Kashishipr

MARCH 30, 2022

It is imperative to have Registered Trademarks in place to have one’s business stand out in the market and create a significant brand value. In India, trademarks are registered, protected, and enforced under the Trademarks Act of 1999 (referred to as the ‘Act’ further in this article).

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LexBlog IP

AUGUST 16, 2023

Without registered trademarks, consumers are left to navigate a sea of uncertainty, potentially leading to frustration and dissatisfaction. Registered trademarks provide clarity by assuring consumers of the authenticity and quality associated with the brand.

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LexBlog IP

AUGUST 16, 2023

A registered trademark serves as a deterrent to potential infringers. When competitors or unauthorized entities see a registered mark, they are less likely to attempt to capitalize on its recognition due to the legal consequences that could ensue. Minimizing Brand Confusion Brand confusion can erode consumer trust and loyalty.

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IPilogue

SEPTEMBER 16, 2022

Resultantly, Manolo Blahnik has lost significant sales, as China is the fastest growing luxury market. China’s Trademark System. Historically, China’s trademark system was based on a “first to file” rule , meaning that the exclusive right of a trademark is awarded to the registrant who first applies.

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Kashishipr

SEPTEMBER 20, 2021

In May 2007, the label mark ‘SOYA DROP’ was registered. Since then, it has been continuously used and has even acquired reputation and goodwill in the market. According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work.

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Indiana Intellectual Property Law

OCTOBER 6, 2023

Celina, Texas – Plaintiff, Nickels and Dimes Incorporated is suing LaPorte, Indiana company, Noah’s Arcade, LLC d/b/a Full Tilt , for infringement of its federally registered trademark TILT, in association with arcade , amusement, and entertainment services, under Section 32(1) of the Lanham Act, 15 U.S.C.

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LexBlog IP

AUGUST 16, 2023

Trademark registration aids in building a cohesive brand identity. It provides a solid foundation upon which businesses can construct marketing campaigns, ensuring consistent messaging, and establishing brand recognition. Consistent Visual Identity Trademark registration solidifies your brand’s visual identity.

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LexBlog IP

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement?

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IPilogue

DECEMBER 14, 2021

Miramax argues that these reserved rights are far too narrow to allow Tarantino to unilaterally produce, market, and sell the NFTs. Consequently, Tarantino allegedly infringed Miramax’s copyright with the NFT auction and any preparation and reproduction of works based on the film during the auction’s marketing campaign.

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IP and Legal Filings

SEPTEMBER 21, 2022

But how do the businesses are so famous without marketing? If they do marketing, then how it is regulated and who does it? Online platforms do not gain this much popularity just by selling their products but with extensive marketing and planning. Thus, A Trademark is a really important asset for the business. CONCLUSION.

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Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

Setting aside the aggressive marketing campaign to establish this blue as their signature colour this time around, it is a matter of great debate whether Burberry can attain trademark protection for it. However, to establish the colour as distinctive for a trademark would require a thorough and meticulous strategy even for Gucci.

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The IPKat

DECEMBER 17, 2021

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The plaintiff proved that they were the sole proprietors of the PUMA (symbol), and the PUMA logo trademarks in Kenya.

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IP and Legal Filings

SEPTEMBER 12, 2024

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.”

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Kashishipr

OCTOBER 12, 2022

It provides you the authority to assign your trademark to another individual or entity temporarily or permanently. Although the trademark assignor profits from royalties on the trademark, the assignee obtains the authority to expand and enhance its market functions by using the brand name and extending its identity.

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