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. It recognizes the corporate identity of the brand. To sell the product, using the brand name makes it a trademark. A great example here is Apple.

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Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner.

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Kashishipr

AUGUST 24, 2022

By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India. The same is then safeguarded under trademark law.

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Kashishipr

APRIL 27, 2022

During the filing of the trademark application for a motion mark, the applicant should ensure that the movements occurring in the mark should be represented in sequence as presented for the product or brand in question. The Indian Trademark Law and Motion Marks. For more visit: [link].

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Kashishipr

AUGUST 25, 2021

Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., Protection for Limited Edition Products under Trademark Law. The post Limited Edition Products: Can they be Protected under IP Law? For more visit: [link].

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Kashishipr

MARCH 2, 2022

On the other side, thorough Trademark Protection and effective market permeation can result in ‘genericide,’ which refers to any mark gaining so much prevalence that it becomes a generic reference for all products in the same vein. Escalator, Trampoline, and Aspirin – Do you know what all these brands have in common?

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Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved. Overview of Trademark Assignment.

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Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Additionally, a name is a crucial element of personal branding, influencing perceptions, forming first impressions, and conveying character. For renowned figures, the importance of their name extends to public perception, brand identity, and professional success. It distinguishes us and shapes our sense of self.

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Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. While they commonly consist of a brand name or logo, the shape of a product may also be an indication of its origin. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. Registration took two years.

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Erik K Pelton

MARCH 11, 2022

As a trademark law firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectual property. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M.

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Intepat

MAY 16, 2023

If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. However, Indian law has indirect references for the protection of publicity rights. Under this Act, Sec.

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Kashishipr

JANUARY 12, 2022

Often, hashtags help businesses reach out to their target audience and connect with them, which may further help them attain and achieve goodwill and raise awareness about their brand. Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection.

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Garrigues Blog

OCTOBER 25, 2021

What’s the point of giving brand ambassadors the material product, if by simply sending them an online file, they can wear the jacket promoting the brand in their Instagram stories, just as if they were physically wearing the garment? As far as legal aspects are concerned, the Intellectual Property Law could be of help here.

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Kashishipr

AUGUST 4, 2021

The presence of cryptocurrency is constantly growing, and therefore, it needs the law to transform along with it to address its administration and execution. Several courts have had trouble in applying substantive Trademark Law to this field of technology. Can Cryptocurrencies be Protected under the Trademark Law?

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Kashishipr

JUNE 4, 2021

Can we Trademark QR Codes? QR codes by themselves are unable to be trademarked since Trademark Law only covers the things that allow the public to identify your goods and services easily, such as names, logos, slogans, sounds, or colors. The post Can QR Codes be Trademarked? Judicial Viewpoint.

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Kashishipr

AUGUST 17, 2022

Content creators and social media influencers should obtain the permission of the trademark owner whose brand name or product is displayed on their social media posts or stories. Remember, posting content that contains someone else’s logo, product name, or trademark may infringe upon their IPRs. For more visit: [link].

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Kashishipr

AUGUST 18, 2021

The Trademark Trial and Appeal Board decided against the opposer since the use of ‘Industry’ did not reflect a secondary meaning. It was submitted that 74 third-party registrations were existent, and the consumers did not associate with the brand as a household name. Popular Examples of Family of Trademarks.

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Kashishipr

SEPTEMBER 7, 2022

When we talk about building brand image and attraction, fashion companies put in a lot of time, money, effort, and hard work. Trade dress protection falls under trademark law as the design functions as a trademark, i.e., identifying a product emerging from a specific fashion house or fashion designer.

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Traverse Legal Blog

OCTOBER 20, 2022

Whether you are looking to make your own non fungible token to sell or you’re looking to buy an NFT as an investment, you need to be aware of copyright and trademark laws that might apply to your NFT. Can you and should you copyright and/or trademark your unique asset before adding it to the blockchain as an NFT?

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LexBlog IP

APRIL 15, 2022

When it comes to Disney, branding is everything. But what happens if one of the most recognizable faces of one of the world’s most recognizable brands falls out of copyright protection and can be used by the masses? While copyright protection expires, trademark protection does not. By: Haley Sink. Cases, like Dastar Corp.

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Kashishipr

SEPTEMBER 20, 2021

According to SSPL, this practice was dishonest as it could make NTC benefit from the reputation and goodwill of SSPL’s brand name. On the other hand, the Trademark Law allows two or more registered owners or concurrent users of similar marks. Also, their use was concerning identical goods. Defendant’s Response.

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LexBlog IP

FEBRUARY 1, 2023

The slew of amicus and other briefs had been filed, and it was time to “get crackin’ on” this blog post, as in time to get moving on the drafting. VIP Products, Jack Daniel’s, the maker of the popular whiskey brand, filed a lawsuit against VIP Products, a company that sells a dog toy shaped like a whiskey barrel.

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Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No. at 5-7, 90-91. [6] at 28-33. [8] 10] 599 U.S.

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SpicyIP

MARCH 8, 2023

She is intrigued by the field of Intellectual Property Law and wishes to explore the same.] This results in common claims of ‘disparagement’ in trademark law. The issue of comparative advertisement has previously been discussed here , here and here on the blog. Her previous post can be accessed here.

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IP and Legal Filings

FEBRUARY 20, 2024

Despite the judiciary’s efforts to address the concerns under current intellectual property laws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. National Law School of India Review , 31 (1), 125–148.

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Kashishipr

SEPTEMBER 14, 2022

The same leads to dilution and loss of reputation and goodwill to the manufacturer and his brand name. The courts in India protect barcodes and QR codes under the Trademark Law. The post Intellectual Property Rights in QR Codes and Barcodes in India appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm.

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LexBlog IP

OCTOBER 25, 2021

.” Likely riding a wave of confidence after this decision, 1-800 Contacts sought to protect its intellectual property against Warby Parker, its most recent competitor. Alternatively, should trademark owners have a responsibility to aggressively protect their intellectual property?

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LexBlog IP

APRIL 12, 2023

.” But our problem often is that the law, or lawyers, frequently use unfamiliar or exotic terms that others claim have no more understood meaning than a reference to a “ vermicious kind ,” and those or other lawyers may overuse a word that they do not seem to actually comprehend. One is the case of Abitron Austria GMBH v.

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