IP and Legal Filings

JANUARY 5, 2023

Trade Mark Act, 1999 (hereinafter referred to as “Act”) defines the term Trademark as “a mark which is capable of distinguishing a product or service of one person from those of others”. [1] 1] This empowers an enterprise to market its product effectively and allows consumers to differentiate between products of identical natures or classes.

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IP and Legal Filings

OCTOBER 31, 2022

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].

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Indiana Intellectual Property Law

AUGUST 9, 2021

Hammond, Indiana – Monster Energy Company (“Monster”), the Plaintiff, claims to be a nationwide leader in marketing and selling ready-to-drink beverages. Apparently, Monster launched its MONSTER ENERGY® drink brand including its ® mark (the “Claw Icon”) in 2002. Since 2002, Monster asserts it has spent over $8.5 1125(c).

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Cease and Desist Trademark Branding Brands 52

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

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The TTABlog

MAY 8, 2024

Trademark attorneys would be wise to become familiar with the CAFC's 2018 decision in Detroit Athletic [ TTABlogged here ]. Can registration of a mark cause confusion? - 2002); s ee also Detroit Athletic, 903 F.3d At the time, I called it "a primer on much of the law of Section 2(d) as applied by the TTAB." In re BeBella Inc.

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Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

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. Personal Names As Trademark.

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LexBlog IP

MAY 3, 2022

.” This four-part miniseries of posts provides a birds-eye view of protections available in China for two-dimensional (2D) and three-dimensional (3D) design elements of products or packaging under trademark, copyright, design patent, and anti-unfair competition laws. Trademark (symbols, designs). Trademark (3D designs).

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LexBlog IP

JANUARY 25, 2024

the Ninth Circuit revived a trademark infringement case previously dismissed on grounds that the First Amendment shields “expressive” trademarks from Lanham Act liability unless plaintiff can show the mark (1) has no artistic relevance to the underlying work, or (2) explicitly misleads as to its source. [1]

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Technology & Marketing Law Blog

DECEMBER 11, 2023

The Second Circuit stayed MSCHF’s appeal of the district court’s ruling that the Wavy Baby infringed Vans’ trademarks pending the Supreme Court’s decision in Jack Daniel’s v. 140 (2023), since that decision was expected to provide guidance to lower courts for resolving free speech defenses in trademark infringement cases. VIP Prods. ,

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LexBlog IP

SEPTEMBER 29, 2022

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 ).

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43(B)log

AUGUST 11, 2021

Matt Sag: What looks like an increase over time may be an artifact of the way cases became available on WL post-2002 or so. Panel 18 – Trademark Liability: Jake Linford, Justin Sevier, Allyson Willis, Sex, Drugs, and Trademark Tarnishmyths Sex/drugs inherently tarnishing? Bruce Boyden: 9 th Circuit screws this up.

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Trademark Copyright Branding Brands 72

43(B)log

SEPTEMBER 11, 2023

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.

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IIPRD

MARCH 17, 2023

Subsequently, the healthcare sector has gained precedence and command over the market. The global nutraceutical market (including functional food, functional beverages, and dietary supplements) is anticipated to grow by 7.5% (CAGR) between 2022 and 2027, in which the United State market share is considered to be the biggest.

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SpicyIP

MARCH 13, 2023

Highlights of the Week Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-par experience with its own Biological Diversity Act, 2002.

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Intepat

MAY 16, 2023

For instance, famous Bollywood actor Shah Rukh Khan has registered his name “Shah Rukh Khan” and the initials “SRK” as a trademark to protect his publicity rights. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. Under this Act, Sec.

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LexBlog IP

FEBRUARY 22, 2022

Great Management Group, LLC , a precedential decision, the Trademark Trial and Appeal Board (TTAB) held that recklessly false representations made during the course of the trademark application process satisfy the level of intent required to support a finding of fraud before the United States Patent and Trademark Office (USPTO). [1]

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The TTABlog

APRIL 6, 2022

Applicant ADOL sought registration of the marks SKËNDERBEU and GJERGJ KASTRIOTI SKËNDERBEU (Stylized) for "beverages from wine distillates, namely, brandy and grape brandy." The Board also pointed out that "as between a manufacturer and distributor, the manufacturer is presumed to own a trademark applied to the goods." See also Chem.

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IIPRD

APRIL 3, 2024

Introduction The Indian fashion market is pegged at an impressive value of $50 billion, out of which 10% consists of international luxury brands. [1] These are the Copyright Act, 1957; Designs Act, 2000; The Geographical Indication Act of Goods Act, 1999; and the Trademark Act, 1999. Infringement Of IPR – Design or Artistic Work?

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DuetsBlog

OCTOBER 21, 2020

I have bad news for you though, if you want a pair, you’ll likely (more on this below) need to spend $2,000 or more, as the very limited run sold out instantaneously and can only be found on the secondary collector’s market on platforms like StockX. Registration No. Registration No. sneakerheads. 3711305 ). . 4176490 ). .

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SpicyIP

MAY 15, 2023

Delhi High Court Sets Aside 3 Orders from the Patent Office and the Trademark Registry, in 1 day! Image from here The Delhi High Court has recently been remanding back a lot of unreasoned orders from the IP Offices rejecting a patent or trademark application. Case: Holyland Marketing Pvt. vs Vijay Pal Vineet Kumar And Co.

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Trademark Registration Cease and Desist IP 104

Canadian Intellectual Property Blog

OCTOBER 14, 2020

It has been almost two years since the federal legalization of cannabis, and Canada’s legal cannabis market is quickly blossoming into a massive industry. The market is constantly growing with many US states (e.g., Market research predicts that the global legal cannabis market could reach CAD $100 billion by 2027 [1].

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SpicyIP

FEBRUARY 24, 2023

Techsquare has 2 more applications awaiting registration for ‘Alphard’ word mark and a device, under Class 12 for land vehicles, and the same have been opposed by Toyota in 2017 (word mark) ( pdf ) and in 2018 (device) ( pdf ). A public search report for the ‘Alphard’ mark can be accessed here ( pdf ).

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SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. CCI , the Delhi High Court held that Chapter XVI of the Patents Act is a complete code in itself and overrides the Competition Act, 2002. CCI and Monsanto v.

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The TTABlog

JANUARY 31, 2022

USPTO refused registration as to the Class 5 goods on the ground that the goods are "per se unlawful under the FDCA and therefore Applicant does not have a bona fide intent to use the mark in lawful commerce under Sections 1 and 45 of the Trademark Act." The Board affirmed that refusal. In re Harbor Hemp Company LLC , Serial Nos.

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Registration Trademark Law Designs 52

The TTABlog

AUGUST 2, 2021

For only the second time since the CAFC's 2009 decision in In re Bose , the Board upheld a claim of fraud, ordering cancellation of a registration for the mark FUJIIRYOKI for massage chairs. William Shen, the CEO of Respondent ACIGI, filed the underlying application and then assigned the registration to ACIGI soon after issuance.

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The TTABlog

AUGUST 30, 2023

If that were the case, having a famous mark would entitle the owner to a right in gross, and that is against the principles of trademark law." That both parties market and sell their products through the Internet is unpersuasive. Opposer launched its MONSTER ENERGY drinks in 2002 and has enjoyed enormous sales (approximately 2.5

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Designs Design Branding Brands 57

IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Interplay Between Intellectual Property and E-commerce With 48.7%

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IIPRD

FEBRUARY 23, 2021

Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. Objective 5.11.1

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IP Whiteboard

NOVEMBER 19, 2020

In Australia, Manolo Blahnik owns a number of trade mark registrations including: Reg No. 02 Jul 2002. 22 Oct 2002. Trade mark. Priority date. Goods and services. MANOLO BLAHNIK. 29 Apr 1992. Class 25: Footwear in this class. 04 Aug 1995. Class 25: Footwear. 04 Aug 2995. 1156524.

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