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Lower Price Alternative? Comparative Advertising and Trademark Infringement

IPilogue

Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. Despite these advantages, comparative advertising is a dangerous field to navigate from a legal perspective. In contrast, section 22 is more applicable to trademarks for services.

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calling an accepted Rule 68 offer a judgment of infringement could be defamatory

43(B)log

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! In 2006, Crocs sued now-plaintiff Double Diamond and Dawgs, its affiliate. Crocs, Inc., 2024 WL 1051951No. 23-cv-01790-PAB-KAS (D. The parties compete in the shoe market.

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SpicyIPWeekly Review (December 4- December 10)

SpicyIP

Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? Alkem Laboratories Ltd vs Medox Lifesciences & Ors on 4 December, 2023 (Delhi High Court) The plaintiff filed the present suit alleging infringement of its trademark “A To Z” by the defendant’s use of “A 2 Z”.

Trademark 103
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IP as Collateral

IIPRD

Trademark as Collateral in the US. In addition to registered trademarks at the USPTO, debtors can also pledge common law trademarks, which are trademarks not formally registered. They were able to invest in IP protection, research and development, and advertising. 11, March 2006.

IP 40
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Spicy IP Weekly Review (December 11 to December 17)

SpicyIP

1253/DEL/2006 and 4197/DEL/2015) related to computer software based on earlier guidelines of the patent office. the Court held that such usage would amount neither to infringement of the trademark, nor taking of unfair advantage of the Respondent’s mark. Emerson Process Management Power and Water Solutions Inc. DRS Logistics (P.)

IP 59
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The Concept of Family of Trademarks

Kashishipr

These intangible assets are often used in collaboration with other marks by the formation of a trademark portfolio, which consists of marks sharing a few characteristics and belonging to one entity. The issue of the distinctiveness of a family of trademarks was brought forth in the case of Pure & Simple Concepts, Inc.

Trademark 105
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A Look Back at India’s Top IP Developments of 2021

SpicyIP

This case involved Sun Pharmaceuticals allegedly infringing Cipla’s copyright and registered trademark. If a sub-brand performs the function, as Asava possibly does in this case, it must be treated as a trademark. Sun Pharmaceuticals Industries Ltd. Cipla Ltd [Madras High Court]. Merck Sharp and Dohme v.

IP 143