IP and Legal Filings

OCTOBER 28, 2023

TARNISHMENT Unauthorized use of famous mark which is offensive, inappropriate in connection with a similar mark or trade name.Tarnishmentmainly occurs when the product is contrary to the corporate values of the trademark owner and another form is to offend or criticize the trademark’s owner. “ PHILIP MORRIS PRODUCTS SA & ORS.2010

Trademark 75

Trademark Registering Trademarks Trademark Law Branding 75

Intepat

DECEMBER 4, 2023

In the era of globalization, companies with international operations must secure trademark registrations in multiple countries. This raises the question of how to register a trademark in various jurisdictions, and in this article, we focus on the methods available for registering trademarks in India.

Registration 52

Registration Trademark Contracts Advertising 52

IPilogue

FEBRUARY 28, 2022

France and Switzerland used to fight for the exclusive rights to the “Controlled Designation of Origin” for Gruyère. Interestingly, another battle regarding the Gruyère trademark is happening in North America. However, the fate of the Gruyère trademark in Canada is still up in the air.

Trademark 106

Trademark Registering Trademarks Intellectual Property Advertising 106

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark.

Trademark 52

Trademark Designs Design Marketing 52

LexBlog IP

FEBRUARY 26, 2023

I asked: “ What were the first trademarks? “ ChatGPT replied: The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. However, trademark protection in the U.S.

Trademark 52

Trademark Designs Design Journalism 52

Corsearch

MARCH 13, 2023

Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design. Disney still own the copyright on more recent works featuring the character and, most importantly, have protected his name, likeness, and associated imagery by registering trademarks. Oswald the Lucky Rabbit.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

IIPRD

NOVEMBER 22, 2023

Ensuring Compliances of IP laws Trademarks and logos: On media platforms, names and emblems are commonly used to advertise companies and services, both visually and orally. Designs: Many companies now sell via media platforms, for many it is their only means of marketing.

Social Media 59

Social Media IP Intellectual Property Copying 59

43(B)log

NOVEMBER 8, 2023

I’m going to talk briefly about last term’s Jack Daniels case—a trademark infringement and dilution case—as well as Elster, argued last week, in which the Justices appeared inclined to reject a First Amendment challenge to the refusal to register the claimed mark “TRUMP TOO SMALL” for t-shirts. Trademark: In Jack Daniel’s v.

False Advertising 75

False Advertising Advertising Advertising Trademark 75

43(B)log

DECEMBER 28, 2022

incorporation of documents into the complaint by reference, both often significant in false advertising cases. Judicial notice deals with essentially uncontrovertible facts, while incorporation by reference is “a judicially-created doctrine that treats certain documents as though they are part of the complaint itself.”

Branding 59

Branding Brands Branding False Advertising 59

Kashishipr

AUGUST 24, 2022

Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India. Relationship between Trademark Law & the Hospitality Industry. Hotels and restaurants must get their brand names and logos registered as trademarks for the ease of operating a business in India.

Trademark 52

Trademark Branding Brands Branding 52

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

IP and Legal Filings

NOVEMBER 27, 2022

Trademark refers to the cumulation of distinctive sign/symbol, design, or combination which is exclusively associated with the products or services helping the targeted customers identify the same easily. INTRODUCTION. Image Source: iStock]. But then why are colour marks controversial?

Trademark 52

Trademark Branding Brands Branding 52

azrights

OCTOBER 27, 2021

Firstly, the company had the right legal agreement with the designers of its iconic bottle shape when it commissioned the bottle design so that it would own the rights in the bottle design. This initial design registration gave the company a way to preserve the uniqueness of the shape to the Coca Cola brand. Litigation.

Branding 52

Branding Brands Branding Copying 52

Selvam & Selvam Blog

MARCH 28, 2022

However, BigBasket’s threats and allegations are arguably groundless and the recourse against the same would be through Section 142 of the Trade Marks Act, 1999 (hereinafter referred to as ‘the Act’). Section 142 of the Act categorizes threats as circulars, advertisements or other similar means served on the other party.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

Technology & Marketing Law Blog

JUNE 21, 2023

1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design. Parody doctrine can apply when a similar mark is used as a designation of source, such as in the Chewy Vuiton case. Source-identifying uses of marks.

Trademark 100

Trademark Blogging Trademark Law Fair Use 100

Kashishipr

SEPTEMBER 8, 2021

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. To sell the product, using the brand name makes it a trademark. It recognizes the corporate identity of the brand.

Trademark 105

Trademark Registration Branding Brands 105

Kashishipr

JULY 13, 2022

On the other hand, VR refers to a way of generating realistic sounds, images, and other sensations leading people to the middle of an imaginary world. The same may, in turn, create confusion in the minds of the consumers concerning whether the physical business sponsors or promotes the virtual advertisement.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

43(B)log

FEBRUARY 16, 2024

Indeed, in recent years the Supreme Court has repeatedly emphasized the multiple benefits of registration to a trademark claimant, including in the recent cases of Matal v. I’ve left out the parts specific to registered trademarks and the reference to treaties. Kagan describes it as “designation of source.”

Trademark 59

Trademark Fair Use Registration False Advertising 59

SpicyIP

JANUARY 2, 2022

Citing the agreement, the defendant requested the suit to be referred to an arbitration. The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable.

IP 143

IP Intellectual Property Copyright Trademark 143

Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices.

Music 85

Music Copyright Copying Copyright Law 85

IIPRD

JANUARY 18, 2022

Trademark infringement may arise where an unauthorized party mints an NFT linked to the underlying asset, without the asset owner’s permission, and advertises, offers for sale, and/or sells the NFT using the asset owner’s registered trademarks. What are the possible positives and negatives of NFTs in the Fashion Industry?

Non-Fungible Tokens 40

Non-Fungible Tokens Intellectual Property Ownership Branding 40

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. In addition, the design of the title of the 2013 Documentary was allegedly similar to plaintiffs’ registered 12 O’Clock Boyz logo.

Fair Use 52

Fair Use Trademark Copyright Editing 52

LexBlog IP

JULY 21, 2021

Steel” (which is actually more a Godfather reference than a God one). Juliet Dee, Sweet baby Jesus, the band who must not be named, and friends U can’t trust: Disparaging, immoral and scandalous trademarks in the United States and the European Union, 53 First Amendment Studies 91, 93 (2019)]. ” Evans (2014) at 12.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

IIPRD

FEBRUARY 23, 2021

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. Masai is an international player in the footwear industry engaged in designing, marketing, and distributing shoes.

IP 40

IP Intellectual Property Branding Brands 40