Intepat

MAY 16, 2023

The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. 14 provides that if anyone files an application for the registration of a trademark, the consent of the living person must be taken and it should not be falsely or fraudulently obtained.

Brands 98

Brands Branding Branding Personality Rights 98

SpicyIP

JANUARY 23, 2023

Differentiating the right to privacy and the right to anonymity, the court held that a tussle between RTBF and public interest needs to be settled mainly through legislative action and, in some cases, by Courts using a balancing exercise. Such a decision cannot sustain the scrutiny of law. Case: Mr. Ashok Kumar Gupta & Anr vs Ms.

Designs 105

Designs Design Invention Registration 105

Intepat

JULY 4, 2024

Accountability AI can help address trademark infringement but faces challenges in evaluating target audiences and their interest in specific product categories. Academics question the practicality of AI conducting subjective examinations in trademark law, as it lacks the ability to capture subtle distinctions.

Trademark 52

Trademark Confidentiality Intellectual Property Trademark Law 52

Selvam & Selvam Blog

MAY 28, 2024

In response to these threats, many popular personalities have started trademarking their names to protect their goodwill and reputation from being misused by technology.

Personality Rights 52

Personality Rights Intellectual Property Technology Trademark 52

Intepat

JULY 4, 2023

The benefits of trademark registration allow the ‘Trademark holder’ to enjoy the following benefits – Protection of the channel name, preventing competitors from stealing or using a similar version of the YouTube channel name. It is clear that the protection of a trademark is essential for maintaining the goodwill of the brand.

Trademark 52

Trademark Social Media Branding Brands 52

IIPRD

OCTOBER 14, 2022

Concerning infringement, a trademark is abused when a person adopts a corporation’s domain name without authorization. The unlawful use of a web domain containing a registered trademark is in direct violation of the Indian trademark law. EZY Services and Others”. As per the factual matrix, Phonepe Pvt.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

SpicyIP

FEBRUARY 13, 2023

Can “honest concurrent use” be used as a defense against a trademark infringement claim? Lokesh, highlighting its history, argues that honest concurrent use is a principle of trademark law and is not limited to a provision. Thus, there is no question of invasion of privacy or personal information of a third party being sought.

Designs 52

Designs Design Trademark Cease and Desist 52

SpicyIP

NOVEMBER 8, 2023

Nevertheless, with the increasing impact of copyright and privacy on the flow of information, the path of transparency seems to be becoming more and more turbulent, warranting more attention and closer scrutiny than before. For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously.

Trademark 59

Trademark Publishing Journalism Copyright 59

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Trademark etc. claims: Claims for infringement of a registered mark were untimely because they accrued before registration occurred.

Fair Use 52

Fair Use Trademark Copyright Editing 52

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws. This unauthorized usage may also give rise to breaches of confidence or violations of privacy.

Intellectual Property 98

Intellectual Property Registration Trademark Personality Rights 98

TorrentFreak

DECEMBER 22, 2022

The complaint notes that at least two of these pirate sites use privacy services provided by the named defendants – Cloudflare and domain company NameSilo. TIR claims that enforcing its rights is all but impossible due to these privacy services. 65 Videos in Total. . ” ‘Pirate’ Mistress-Harley Still Active.

Privacy 136

Privacy Copyright Infringement Trademark Copyright 136

43(B)log

AUGUST 9, 2024

TM law may also be contextless b/c they’re about registration. Philosophers might be able to learn from consumer protection law about how to break down the concept of manipulation [and distinguish it from persuasion?] TM rights depend on registration, though not unaffected by use; registered TMs are property rights.

Trademark 59

Trademark False Advertising Advertising Advertising 59

IPilogue

OCTOBER 7, 2021

The court ultimately decided against the band because “Aboriginal rights are outside the scope of trademark law.”. Cases like this raise questions about the scope of intellectual property (IP) law in Canada. Trademark law in particular has the benefit of granting collective rights and can also provide perpetual protection.

IP 105

IP Intellectual Property Trademark Law Ownership 105

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. For a review of Privacy legislation in Canada, check out Emily Prieur’s article published this week. Trademark Law. Parody in Trademarks is No Joke. Copyright Law.

IP 105

IP Copyright Infringement Inventor Intellectual Property 105

SpicyIP

OCTOBER 11, 2022

Q: What do you think is an emerging field or topic in IP law that future lawyers should focus on? Li : Privacy Law is a growing field of law, as is law related to artificial intelligence (AI). These Technology Marketplaces raise a variety of concerns including privacy and antitrust.

IP 81

IP Law Intellectual Property Privacy 81

Technology & Marketing Law Blog

JUNE 27, 2024

By Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court held in Elster that Section 2(c) is consistent with the First Amendment, but the Justices disagree on how to evaluate the constitutionality of trademark restrictions In a unanimous opinion published on June 13, 2024, the US Supreme Court held in Vidal v.

Registration 121

Registration Blogging Trademark Law 121

IP and Legal Filings

DECEMBER 6, 2023

Right To Publicity- A Constitutional Right The right of publicity stems from the right of privacy. But right to privacy only came to be recognised as a fundamental right in the year 2017 in the case of Justice K.S. Puttaswamy (retd.) Union of India and Ors. Nonetheless, in R. Rajagopal v. State of T.N., State of T.N.,

Privacy 105

Privacy Intellectual Property Law Intellectual Property Advertising 105

43(B)log

FEBRUARY 25, 2023

Changes in Trademark Law and Evidentiary Rules Introduction: Jake Linford Before courts admitted surveys routinely, they were concerned about hearsay. Mid-Point Discussants: Eric Goldman Antitrust is not a model of empirical evaluation at law, but empirical evidence does matter across consumer law—formation of TOS.

Trademark 72

Trademark Marketing Marketing Advertising 72

Patently-O

JUNE 8, 2023

The holding is that the First Amendment does not require any special scrutiny in cases where the accused activity is “the use of trademarks as trademarks.” ” Rather in this use-as-a-mark situation, standard principles of trademark law apply.

Trademark Law 69

Trademark Law Trademark Law Fair Use 69

Patently-O

JULY 30, 2024

This provision prohibits the registration of trademarks consisting of or comprising “a name. Instead, Federal Circuit has now affirmed the Trademark Trial and Appeal Board’s (TTAB) original decision barring Elster from registering the mark “TRUMP TOO SMALL” as a t-shirt slogan.

Trademark 59

Trademark Registration Privacy Ownership 59

Technology & Marketing Law Blog

MARCH 4, 2022

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law. Federal Circuit holds refusal to register a political message for T-shirts violates the First Amendment, but fails to acknowledge that these types of registrations can chill expression. The Federal Circuit disagreed.

Registration 126

Registration Blogging Trademark Privacy 126

Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. VIP Products (2023) opinion and its other trademark cases. Tam (2017) and Iancu v.

Registration 106

Registration Trademark Blogging Law 106

SpicyIP

DECEMBER 31, 2024

2024 has been an explosive year for IP developments in India, with more IP divisions coming up in different High Courts, an increasing number of IP registrations and an overall higher degree of attention on IP issues in the country. to clarify that registration does not grant exclusive right in a part of the mark.

IP 105

IP Invention Patent Copyright 105

Patently-O

JUNE 11, 2023

Elster to determine if the PTO violated Steve Elster’s First Amendment right to free speech when it declined to federally register his trademark TRUMP TOO SMALL in connection with T-shirts. The PTO had denied registration under 15 U.S.C. Brunetti , the Federal Circuit’s decision was almost certainly correct. [4]

Registration 64

Registration Trademark Government Law 64

Patently-O

DECEMBER 12, 2021

. § 1052(c) provides, in pertinent part, that the PTO must deny federal registration to a trademark if it “[c]onsists of or comprises a name, portrait, or signature identifying a particular individual except by his written consent….”

Registration 69

Registration Government Advertising Advertising 69