SpicyIP

FEBRUARY 17, 2025

However, the provision which is an exception to patent infringement is often criticised for its broad scope. Case Summaries Astellas Pharma Inc vs Astellaz Pharmaceuticals on 3 February, 2025 (Delhi High Court) The suit was filed seeking relief of permanent injunction restraining the defendant from infringing its trademark.

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Trademark Copyright Registration Personality Rights 58

The IPKat

SEPTEMBER 19, 2021

Patents PermaKat Annsley Merelle Ward informed about the UK litigation in Abbott v Dexcom, a patent dispute over glucose monitoring devices for diabetes. Abbott and Dexcom are currently in legal battlein US, Germany and the UK, each accusing the other of patent infringement and invalidity of the other party’s patents.

Related Rights 69

Related Rights Intellectual Property Registration Copyright 69

SpicyIP

JANUARY 13, 2025

on 13 December, 2024 (Delhi HC) The suit was filed seeking relief of permanent injunction restraining the defendants from infringing the plaintiff’s trademark and passing off. The plaintiff had acquired numerous registrations in India for the MARRIOTT and MARRIOTT formative marks. Goenka, founder of the RPG Group.

Personality Rights 52

Personality Rights Trademark Registration Artwork 52

Kashishipr

MAY 5, 2021

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 Patent Infringement claims to win arguments and court judgments for profit or to stifle competition.

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Patent Troll Patent Inventor Intellectual Property 98

The IPKat

NOVEMBER 29, 2021

Richard & Son’s registered marks “THE WIZ” and “NOBODY BEATS THE WIZ” and Samsung’s application for “SAMSUNG WIZ”, and another whereby the USPTO refused the registration of an application for “MANSBRAND” as it found it to be confusingly similar to “MANBRAND SKINCARE”.

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Blogging IP Contracts Reporting 78

Kashishipr

FEBRUARY 9, 2022

. * Market research holds relevance in encouraging further R&D and preventing patent infringement actions. . Market research may also help down the road in preventing Patent Infringement actions.

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Marketing Marketing Inventor Invention 119

SpicyIP

MAY 8, 2022

If a rights holder commits to a position in the process of securing an intellectual property registration, what weight should that position hold in separate legal proceedings over the enforcement of the right itself? In trade mark law, the foundations are much the same. At its core is a solitary question.

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Intellectual Property Intellectual Property Law Registration Law 121

Patently-O

NOVEMBER 21, 2022

With the trademark registration in-hand, the district court partially granted SoClean’s motion for preliminary injunction. And, because the complaint includes patent infringement claims, the appeal was directed to the Federal Circuit. Here, however, Federal Registration serves as prima facie evidence of validity.

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Designs Design Registration Trademark 75

IIPRD

MARCH 4, 2024

Also, it is really important to renew the registration because there is a limit to registration. Infringement related to patents are usually seen in the pharmaceutical industry, as most of the inventions takes place in that sector. There is a law in India, which protects patent infringement that is Patent Act, 1970.

Intellectual Property 98

Intellectual Property Invention Trademark Copying 98

SpicyIP

DECEMBER 12, 2022

Calcutta High Court allowed an application for rectification directing the Trademarks Registrar to cancel the registration granted to and remove the impugned mark ‘Neemyle’. Louis Vuitton Malletier v. Capital General Store and Anr. on 2 December, 2022 (Delhi High Court). Image from here. 2) to be present on February 2 for sentencing. .

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Copyright Infringement Registration Settlement Trademark 105

SpicyIP

SEPTEMBER 20, 2021

In this post , Praharsh discusses a Madras High Court Division Bench decision staying an interim injunction granted by the Single Judge Bench in a patent infringement dispute holding that the order “does not appear to be justified”. Further details, including the link for registration, are provided in the post here.

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Artistic Work Intellectual Property Law Journalism Intellectual Property 86

IP Tech Blog

AUGUST 18, 2023

there is a relevant patent listed on the platform, but the patent should be declared invalid) and Type 4.2 there is a relevant patent listed on the platform, but the generic product does not fall into the scope of the patent) declarations. In China, there are “Type 4” declarations, which include Type 4.1

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Litigation Patent Intellectual Property Branding 98

The IP Law Blog

MARCH 5, 2021

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. One can assume that this will be an aggressively fought case by both parties.

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Trademark Branding Brands Branding 85

Patent Trademark Blog

DECEMBER 13, 2023

A patent attorney with experience in design patent infringement litigation may be able to counsel you on the strategic use of broken lines to broaden the scope of your coverage. How do you use your patents to shut down infringing product listings? What are your options when Amazon sellers avoid patent infringement?

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Design Patent Patent Designs Design 52

Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. In addition to patent infringement, BTL Industries also alleges that JV Medical Supplies has violated its trademark rights.

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False Advertising Contracts Advertising Advertising 52

Kashishipr

MAY 25, 2022

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 Patent Registration process in India, and that too is a crucial one.

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Patent Patent Application Inventor Invention 78

The IPKat

FEBRUARY 14, 2022

Registration is available here. OxFirst - Damage Calculations in Patent Infringement Cases in the U.S.A. - 24 February 2022 OxFirst will hold a webinar on 24 February 2022, from 4:00pm to 5:00pm (CET), to discuss damage calculations in patent infringement cases in the US. Registration is open and can be made here.

Intellectual Property 52

Intellectual Property Registration Patent Infringement IP 52

Kashishipr

JUNE 16, 2021

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.

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Intellectual Property IP Confidentiality Registering Trademarks 98

SpicyIP

JULY 10, 2023

The Delhi High Court also passed an important order refusing to set aside the order from the Protection of Plant Varieties and Farmers Right Authority, revoking the registration of Pepsico’s FL 2027 potato variety. For instance, the Delhi High Court directed Oppo to deposit the royalty amount, in its high-profile SEP litigation with Nokia.

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Registration Copyright Infringement Trademark Copyright 98

SpicyIP

DECEMBER 2, 2024

Salus Pharmaceuticals And Another on 27 November 2024 (Himachal Pradesh HC) The suit was filed by the plaintiff for an ex parte ad interim injunction against the defendant alleging patent infringement.

Invention 52

Invention Trademark Reporting Editing 52

SpicyIP

AUGUST 12, 2024

Taking a Look at Lupin’s Colour TM Application for its Inhalers Image from here On Lupin’s recent colour trademark registrations for its inhalers, Md Sabeeh Ahmad. Sabeeh highlights how these registration can extend Lupin’s monopoly and could affect million’s right to access these essential medicines.

Trademark 104

Trademark Personality Rights Registration Business 104

Patent Trademark Blog

MAY 31, 2023

Did they provide a registration number? Patents are typically more complicated, and utility patent claims will require more sophistication than design patent infringement assertions. The noninfringement argument focuses on differences between your allegedly infringing activity and their IP rights.

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Cease and Desist IP Trademark Registration 52

Patent Trademark Blog

MARCH 31, 2022

If you don’t have at least two million dollars laying around to sue for patent infringement, this post is for you. Don’t even think about being cheap when it comes to trademark registration. First, you can record a trademark registration with US Customs to block the import of infringing goods.

Intellectual Property 52

Intellectual Property Cease and Desist Registering Trademarks Litigation 52

SpicyIP

AUGUST 21, 2023

Discussing the order, Niyati points out how the Registrar was negligent in granting the registration, as well as why the court’s finding falls short in the assessment of “public interest” Other Posts SpicyIP Tidbit: No Cure for the Plaintiff’s Heartburns?

Copyright Infringement 98

Copyright Infringement Trademark Copyright Advertising 98

Patently-O

FEBRUARY 21, 2022

. § 261 (patent rights may be conveyed “to the whole or any specified part of the United States”). Ikorongo Texas is also a Texas LLC (corporate registration in Texas), although its principles reside in North Carolina. Ikorongo Texas then sued several companies, including Samsung & LG for patent infringement in WDTX.

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Litigation Ownership Patent Business 89

Kashishipr

DECEMBER 28, 2021

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 Patent Infringement.

IP 105

IP Patent Invention Licensing 105

The IPKat

AUGUST 19, 2021

Courses The Queen Mary Foundation level courses for UK trainee patent and trade mark attorneys are running again this year, with a registration deadline of 23 August 2021. Registration is available here. More details will be provided by Eleonora over the next few days.

Intellectual Property 49

Intellectual Property Registration IP Patent Infringement 49

Kashishipr

OCTOBER 13, 2021

Due to such a risk, the defendants in a Patent Infringement 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.

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Patent Application Patent Inventor Invention 105

IP Intelligence

APRIL 18, 2023

Also, SAS’ most recent lawsuit initially included a count of patent infringement. You probably know that the Eastern District of Texas is a well-known magnet for patent infringement cases. You probably also know that the architect of the Eastern District’s erstwhile venue dominance is the Hon. Chief Judge J.

Copyright 98

Copyright Fair Use Copying Public Domain 98

Indiana Intellectual Property Law

DECEMBER 23, 2022

Registration No. Registration Date. Therefore, Plaintiff is seeking damages for Direct Patent Infringement 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.

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Trademark False Advertising Patent Registration 40

Corsearch

SEPTEMBER 28, 2023

To address these illicit items, you can send enforcement notices citing copyright, design right, or patent infringement. Occasionally, it may be possible to cite trademark infringement if a seller has included your trademarks in a listing description or their username.

Branding 59

Branding Branding Brands Intellectual Property 59

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Federal trademark registration is the strongest form of protection, as it is nationwide in scope and gives potential infringers constructive notice by virtue of being published in the Trademark Register. Patent Prosecution. A patent applicant’s planned use of the claimed invention thus has no bearing on its patentability.

IP 52

IP Registration Trademark Branding 52

More Than Your Mark

NOVEMBER 30, 2018

The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”. United Cannabis Corp. Pure Hemp Collective Inc. 1:18-cv-01922-NYW (D.Colo)).

Patent 52

Patent Invention Patent Infringement Blogging 52

Greenspoon Marder LLP

JANUARY 15, 2019

In that event, just like a book author may seek to hold the book printer liable for copyright infringement, a patent owner can seek to hold the user of the 3D printer liable for patent infringement. It may, however, be extremely difficult to track, identify and prove infringement.

IP 52

IP Music Intellectual Property Law Copyright Infringement 52

SpicyIP

JULY 23, 2023

We also came across interesting orders from different high courts, notably the Delhi High Court decision on RX Prime and Canva’s patent infringement dispute and two orders on visual similarity between the competing marks. million in damages to Constellation Designs LLC for infringing its patents in NextGenTV.

Trademark 98

Trademark IP Higher Education Moral Rights 98

SpicyIP

SEPTEMBER 25, 2023

on 15 September, 2023 (Delhi High Court) Delhi High Court cancelled the registration of the defendant’s mark owing to prior use of the similar mark by the plaintiff. Other Developments Delhi High Court records evidence by live transcription in patent infringement suit.

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Cease and Desist Copyright Infringement Invention Social Media 105

Patent Trademark Blog

NOVEMBER 30, 2023

You will need to show your two-dimensional trademark on a three-dimensional product if you decided to apply for a design patent. How do you avoid limiting your design patent to a single article of manufacture? Astute readers will promptly recognize a design patent limitation absent in trademark registrations.

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Design Patent Designs Design Trademark 52