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Vans v. FCB: Taking a Look at the Delhi High Court’s Restrictions on the Rights of Well Known Trademarks vis-a-vis Prior Use

SpicyIP

In this post, I have briefly discussed the judgement and analyzed what it could mean for the proprietors of well-known trademarks and other proprietors. The petitioner, Vans Inc, USA, filed for registration of their mark- VANS in 1992, on a ‘proposed to be used basis’. The mark was published in 2005 and was registered in 2006.

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Protection of Trademarks in Singapore

IP and Legal Filings

The objective of the Singapore Treaty is to create a modern and dynamic international framework for the harmonization of administrative trademark registration procedures. The Singapore Treaty is applicable to all types of marks registrable under the law of a given Contracting Party. Image Source: IStock]. Conclusion.

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5th Circuit holds that inquiries weigh less than lost sales but can still be evidence of actual confusion

43(B)log

Here, I think we might be starting to see what a post-Abitron, post-JDI world could look like: courts may begin to reestablish distinctions between registered trademarks and unregistered matter protected by unfair competition law, based this time on statutory interpretation rather than conceptual categories. Intent was neutral.

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Personal Names and Trademark Protection

Biswajit Sarkar Copyright Blog

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Registration of Famous Names.

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India – Trademark Protection in the Hospitality Industry

Kashishipr

Relationship between Trademark Law & the Hospitality Industry. A trademark refers to any mark capable of being represented graphically, identifying the products or services of one and distinguishing them from those of others in the market. Trademark for the Taj Mahal Palace Hotel.

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SpicyIP Weekly Review (May 8- May 13)

SpicyIP

Considering that the petitioner is the prior user of the mark and has an earlier registration, Delhi High Court directs the Trademarks registry to remove the respondent’s allegedly similar mark. Case: Holyland Marketing Pvt. Registrar to rectify the Register by removal of the impugned mark. 50,000/- to be paid to YSL.

Trademark 104
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Full Of Sound And Query, Signifying Something: Recent Noise Over Acoustic Trademarks

LexBlog IP

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ).