IP and Legal Filings

JANUARY 8, 2025

Introduction Customs law and trademark law operate at a crucial interface when it comes to protecting intellectual property rights (IPRs) and against counterfeiting. The Trademarks Act, 1999, gives trademark protection to the identity of brands. Under Rule 2007 of IPR Rules, trademarks can be recorded with customs authorities.

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Trademark Law Trademark Law Intellectual Property 59

Indiana Intellectual Property Law

FEBRUARY 3, 2025

The original complaint brought forth by Banjo, still pending, was for trademark infringement with Green Leaf’s use of the color yellow on their liquid handling valves. Now Green Leaf is suing Banjo for the use of domain names and trademarks. 2,642,074 , 6,901,382 and 2,642,068.

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Trademark Marketing Marketing Litigation 52

Corsearch

JANUARY 9, 2025

While many businesses go through the process of trademark registration , not every brand needs to take that route right away. Enter common law trademarks a practical way to secure certain rights to your brand from the moment you start using it, without the registration process or fees. What is a common law trademark?

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Branding Brands Branding Registration 52

IP and Legal Filings

APRIL 7, 2025

All of these bring a new dynamism with them and, inevitably, challenges–and opportunities–in the field of intellectual property, most particularly trademarks. A trademark would be the asset that holds together a brand identity for a business, ensuring that its goods or services remain differentiated from others in the marketplace.

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Trademark Branding Brands Branding 59

JD Supra Law

JANUARY 10, 2025

As we have seen in the first article of our series, trademarks play an important role in the protection of your pharmaceutical and life science products and can add significant value. So lets jump. By: Hogan Lovells

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The IPKat

JANUARY 27, 2022

On 12 January 2022, the Lithuanian Supreme Court upheld the rejection of the Lithuanian designation of Chanel SARL’s two-dimensional trademark (see below) in Class 3 for perfumery products. The trademark depicts the shape of the Chanel No. So the Court considered that Chanel’s perfume bottle is commonplace within the perfume market.

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Trademark Registration Marketing Marketing 138

Intepat

DECEMBER 4, 2024

Introduction Trademarks serve as identifiers of the source of goods or services, traditionally encompassing logos, names, and slogans. However, as markets grow increasingly innovative, non-traditional marks have emerged, referred to as unconventional trademarks. A landmark case was the U.S. registration of NBC’s chimes.

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Trademark Intellectual Property Branding Branding 52

Patent Trademark Blog

JANUARY 15, 2025

Are we talking about real or theoretical trademark confusion? What makes one trademark too similar to another? When you are thinking of a new product name to apply for, how do you avoid choosing a mark that might get rejected for being confusable with other trademarks? Need to apply for a trademark that avoids confusion?

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The IPKat

JANUARY 8, 2025

A story came to this Kat's attention at the end of last year , which highlights that developing a good trademark strategy sometimes requires good awareness of plant variety names. The examiner found no conflicting trademarks, so the word mark application was allowed. This included both a word mark and a figurative mark.

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Trademark Branding Branding Brands 69

TorrentFreak

JANUARY 14, 2025

A Notorious Market Rightsholders worldwide are not pleased with the brand’s dominance and have worked hard to counter it. Trade Representative elevated the MagisTV concerns once again by adding the brand to its latest list of notorious piracy markets. Patent and Trademark Office. This includes magistv.la

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Trademark Television Branding Branding 57

JD Supra Law

JUNE 28, 2024

Part 1: WHERE - Like the rest of the world, we will have our eye on Paris this summer, breaking down trademark issues associated with the Olympic Games in a three-part series. Olympic Committee (USOC) derives its trademark rights, what it considers those rights to be, and how the Committee has enforced its rights against third parties.

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Trademark Marketing Marketing Editing 117

Erik K Pelton

NOVEMBER 18, 2022

The following is an edited transcript of my video The Golden Ratio of Trademark Protection. We love sunflowers at Erik M Pelton & Associates as a symbol of growth and renewal, and tie that into trademark and brand protection. We can apply it to trademark protection as well.

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SpicyIP

NOVEMBER 11, 2024

SpicyIP Tidbit: Delhi High Court Directs to Auction “Fortis” Trademark in the Daiichi-Ranbaxy Dispute Image from here DHC allows auctioning of “Fortis” TM to realize the decreed amount in the Daiichi-Ranbaxy dispute. for using deceptively similar trademarks, “HOSPIGRIP” and “HOSPICUFF,” on medical devices.

Personality Rights 103

Personality Rights Trademark Social Media Patent Law 103

JD Supra Law

AUGUST 16, 2024

Find out why Gabby's Table was denied registration in a major Trademark decision that impacts affiliate marketing. Weintraub attorneys Scott Hervey and Jamie Lincenberg break down what this means for your business in this episode of “The Briefing.”. By: Weintraub Tobin

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Erik K Pelton

NOVEMBER 29, 2021

The following is an edited transcript of my video, The Trademark Protection Decathlon. The Summer Olympics got me thinking about what it would take for a decathlon of trademark protection: to be well-rounded and ensure that a brand, a trademark, has covered all the angles and excels at everything. Choose a creative name.

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Trademark Cease and Desist Branding Branding 147

Biswajit Sarkar Copyright Blog

JANUARY 29, 2025

Many people saw this ruling as a setback for brand owners who want to challenge similar products in a market thats becoming more competitive. Conclusion The Court of Appeal ruling in favour of Thatchers underscores the importance of protecting the goodwill, reputation, and distinctiveness of established brands in a competitive market.

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IP and Legal Filings

DECEMBER 17, 2024

Abstract In the changing landscape of intellectual property law, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. Unlike conventional trademarks that primarily use visual elements, non-conventional trademarks engage multiple senses to foster brand recognition.

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Trademark Branding Branding Brands 52

Erik K Pelton

SEPTEMBER 3, 2024

Protecting your trademark now to potentially block, stop, or avoid future infringement is extremely valuable. A trademark registration is an important tool in seeking to enforce rights against someone cybersquatting on a domain name (a Uniform Domain- Name Dispute-Resolution Policy (UDRP) domain name complaint).

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Technology & Marketing Law Blog

MARCH 8, 2022

[Today, Betsy Rosenblatt, Rebecca Tushnet and I sent the following letter to Congress on behalf of 26 trademark academics (here’s a PDF version ). academics with expertise in trademark law. FN: Although the INFORM Act does not address directly trademark law, its provisions partially overlap with the SHOP SAFE Act.

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Trademark Trademark Law Law Blogging 144

Erik K Pelton

JULY 23, 2024

You’ve sent several to your trademark attorney for consideration and you’re ready to make a final decision. Some brands and trademarks are entitled to greater protection than others. Descriptive trademarks may sometimes be registered, but are generally afforded less protection. Why do I suggest suggestive marks?

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Trademark Branding Branding Brands 130

SpicyIP

AUGUST 8, 2024

In an interesting turn of events, the plaintiff in a trademark infringement suit had to face the wrath of the Delhi High Court for submitting false evidence and got criminal proceedings instituted against them on the directions of the Court. By Rishabh Deshpande How does a trademark infringement case go from civil to criminal in nature?

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SpicyIP

OCTOBER 27, 2024

Case Summaries L Oreal vs Graphics Traders on 19 October, 2024 (Delhi District Court) Image from here The plaintiff filed a suit alleging import of counterfeit cosmetics by the defendant, bearing its trademarks- “MAYBELLINE” and “BABY LIPS”. No written statements were filed by the defendants. Sri Narasus Coffee Company Private Ltd vs M/S.

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Trademark Copyright Cease and Desist Registration 103

IP and Legal Filings

DECEMBER 16, 2024

The fashion industry sector extends beyond simple trademarks, such as logos or brand names, but rather includes characteristics, including colour palettes, product forms, or even the structure of physical store spaces. For instance, red soles for Christian Louboutin became a trademark of luxury shoes, while the colour per se was not unique.

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Branding Branding Brands Design 98

IP Law 360

FEBRUARY 15, 2024

Illinois-based marketing consulting firm Impossible X LLC has asked the U.S. s trademark lawsuit against it. Supreme Court to review a decision from a divided Ninth Circuit that revived plant-based burger maker Impossible Foods Inc.'s

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Marketing Marketing Trademark 98

Indiana Intellectual Property Law

NOVEMBER 22, 2024

. (“Plaintiffs”) have filed a lawsuit against Atlas Mover Group LLC (“AMG”) and United Best Moving LLC (“UBM”) (“Defendants”) for trademark infringement and unfair competition. Over the years, Atlas has built a reputation for high-quality service and earned substantial goodwill in its marks.

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Branding Branding Brands Trademark 52

Patently-O

FEBRUARY 3, 2023

The Trademark Examining Attorney had refused registration on “failure-to-function” — concluding that the phrase was a commonplace expression used to express a well-recognized sentiment. Unlike patents and copyrights, trademark law is not designed to reward the creative endeavor of invention or authorship.

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IP and Legal Filings

SEPTEMBER 26, 2024

Geographical indications bring a sense of security that protects unique property that belongs to a particular geographical location, increasing its value in the market. By throwing more light on the market economy and local market, it can be noted that G.I. tags have a significant impact.

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Marketing Marketing Branding Brands 105

Erik K Pelton

APRIL 24, 2023

The following is an edited transcript of my video Color Trademarks Case Study: T-Mobile Magenta. Non-traditional trademarks are some of the most interesting and fun topics to discuss in the world of brand protection. Non-traditional trademarks include sounds, sense, motions, lighting, colors, and more. Colors can be protected.

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IP and Legal Filings

MARCH 10, 2025

The tech giant flashed in the news again in the trademark dispute with Gurugram-based fraudulent call centre company Retnec Private Limited. Background of the case Microsoft is well-known and recognisable brand by their many products and services among masses and have registered trademarks around the globe including India.

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Trademark Intellectual Property Branding Brands 52

IP and Legal Filings

JULY 9, 2024

INTRODUCTION A trademark can be registered for the purpose of securing diverse graphic and non-graphic unique symbols and indicia to distinguish the products or services of a trader from that of others. This article discusses the domain of trademark registration, which is useful for businesses and individuals in order to protect their brand.

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JD Supra Law

AUGUST 12, 2024

a prominent name in the spirits industry, sought to register "The Cairn" as a trademark for its range of high-quality Scotch whisky and whisky-based liqueurs. This application aimed to fortify their brand's presence and safeguard their unique products in the competitive market. Speymalt Whisky Distributors Ltd.,

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IP and Legal Filings

MARCH 11, 2025

Trademarks are not just marks or labels, they carry value and encourage commerce and signifies credibility and quality in the market. But what happens, however, when these trademarks become the focus point of contingent legal battles? It avoids possibilities of varied findings in civil and rectification proceedings.

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Trademark Registration Litigation Trademark Law 52

Intepat

FEBRUARY 3, 2025

Introduction Trademark law is mainly governed by two key principles: “first to file” and “first to use.” ” While countries like China focus on the “first to file” rule, India gives more importance to those who first use a trademark in the market. trademark law. Banff, Ltd.

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Branding Branding Brands Trademark 59

Olartemoure Blog

AUGUST 30, 2024

After a six-year legal battle, Crayola was able to trademark the distinct scent of its crayons, described as “slightly earthy soap with pungent, leatherlike clay undertones”. Accordingly, embracing scent trademarks allows companies to stand out in a competitive market and invest in new ways to create consumer recognition.

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IP and Legal Filings

FEBRUARY 24, 2025

INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. In 2003, the firm’s trademark in Germany was protected due to its distinctive design. are two examples.

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Technology & Marketing Law Blog

OCTOBER 5, 2023

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. ” That’s true.

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SpicyIP

NOVEMBER 18, 2024

Highlights of the Week Don’t Offend My Oats: Generic Disparagement, Market Leadership, and Marico Limited vs. Alpino Health Foods Recently, the DHC passed an order prima facie finding that Marico’s “Saffola oats” TM was “generically disparaged” by Alpino’s advertisements. Anything we are missing out on?

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