IP and Legal Filings

SEPTEMBER 20, 2023

Unlike other forms of IPR, copyrights subsist in works from the moment they are expressed in fixed form irrespective pf whether or not you have applied for a registration. Visibly, the most imitated brands around the world are Gucci, Louis Vuitton, Chanel, Michael Kors, Coach, Nike, Rolex etc. Case Studies Rajesh Masrani v.

Designs 87

Designs Design Copyright Copyright Infringement 87

The TTABlog

DECEMBER 27, 2021

In an otherwise straightforward Section 2(d) analysis, the Board ruled that confusion is likely between Respondent's registered marks MIRAGE BRANDS (standard form) and MIRAGE BRANDS & Design [BRANDS disclaimed], and Petitioner Mahender Sabhnani's previously used and registered mark ROYAL MIRAGE & Design , all for perfume.

Branding 52

Branding Brands Branding Registration 52

IPilogue

SEPTEMBER 16, 2022

However, these appeals were dismissed as the courts ruled that Manolo did not present sufficient evidence of adequate sales in mainland China prior to 2000. Historically, China’s trademark system was based on a “first to file” rule , meaning that the exclusive right of a trademark is awarded to the registrant who first applies.

Registering Trademarks 103

Registering Trademarks Trademark Registration Branding 103

Corsearch

NOVEMBER 20, 2023

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. You can explore what are known as non-conventional trademarks — sounds, colors, smells — to convey your brand messaging. A key difference arises, however, when comparing brand name and generic name confusion.

Trademark 59

Trademark Branding Brands Branding 59

IP and Legal Filings

JULY 13, 2022

The Design Act, 2000 [“ the 2000 Act ”] provides protection to various aspects of the design in question, like the pattern, colours or even lines on the design. This will remain in force for 10 years from the date of registration but can be extended for another 5 years, subject to certain conditions. Copyright Act or Design Act?

Copyright 65

Copyright Artistic Work Designs Design 65

Intepat

OCTOBER 7, 2022

Fashion designers can safeguard their designs for up to 15 years by taking the Copyright law into account under the Designs Act of 2000. However, suppose the designer chooses only to follow Section 15 of the copyright registration procedures and implements this registration for his use. DESIGNS ACT, 2000. Registration–.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

The TTABlog

DECEMBER 21, 2021

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). He conducted clinical trials in 2000 and manufacturing began in 2002-2003. He developed his own formula for a lubricant, as well as special packaging.

Registration 51

Registration Contracts Advertising Advertising 51

Intepat

OCTOBER 7, 2022

Fashion designers can safeguard their designs for up to 15 years by taking the Copyright law into account under the Designs Act of 2000. With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

IIPRD

NOVEMBER 14, 2023

There are few e-commerce companies which explicitly make copies of brands such as Firstcopyclub, ShoesKartel etc. The scam can be at various levels and multi-facet forms including mimicking websites, selling cheaper copies of brands or even stealing ideas of originators [4]. 21, Acts of Parliament, 2000 (India).

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

LexBlog IP

AUGUST 31, 2021

– a leading furniture brand and purveyor of the iconic Eames Chair Design – suffered a loss at US Trademark Trial and Appeal Board (TTAB) in its bid to protect as “trade dress” the design of the chair. 56 USPQ2d 1279, 1282 (TTAB 2000); In re Parkway Mach. Herman Miller, Inc. In re Ennco Display Sys.

Advertising 52

Advertising Advertising Designs Design 52

Traverse Legal Blog

APRIL 19, 2022

I am doing this series because I have been unable to find any other comprehensive content on the web or youtube that lays out a detailed and viable playbook for brands and celebrities to protect their names, slogans, and marks against Web3 cybersquatting. If you are a brand or trademark attorney, you may already know about cybersquatting.

Branding 140

Branding Brands Branding Trademark 140

LexBlog IP

AUGUST 23, 2023

In the cases at issue, the Seminole Tribe of Florida (“Seminole Tribe”) sought trademark registration for a guitar-shaped building for hotel and casino services. Thus, brand owners can, and do, register their trade dress at the PTO. Lessons for Brand Owners 1. See Figure 1.

Designs 52

Designs Design Advertising Advertising 52

IP and Legal Filings

SEPTEMBER 17, 2021

More specifically, in India, the design act, 2000 protects designs that feature shapes, patterns, ornaments, or compositions of lines or colors applied to any article in two or three-dimensional forms. Protection of such trademarks is imperative since apparel brands greatly value their brand equity.

Designs 69

Designs Design Artistic Work Technology 69

Kashishipr

JUNE 1, 2022

For every business or brand owner at present, the design of a product has become a crucial concern, and why won’t it be, after all, “A thing of beauty is a joy forever.” ” The unique design of a product, such as that of Mini Cooper and Coca-Cola, forms brand identity.

Designs 45

Designs Design Registration Contracts 45

The TTABlog

DECEMBER 5, 2022

The Board sustained an opposition to registration of the mark DANA DESIGN in the form shown below, for backpacks, hiking equipment, tents, and related goods, on the ground that the mark comprises the name of a living individual, Dana Gleason, without his consent and is therefore barred from registration by Section 2(c) of the Trademark Act.

Designs 48

Designs Design Registration Trademark 48

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

According to the Complaint, Poulsen developed a unique currant red hybrid tea rose variety branded with the trademark INGRID BERGMAN (the “Mark”) in the early 1980s. 2,990,814 (the “‘814 Registration”), has been used in U.S. Gardens Alive’s family of brands include, among others, Weeks Roses. Federal Trademark Reg.

Trademark 52

Trademark Branding Brands Branding 52

The IPKat

NOVEMBER 27, 2023

Background On 12 April 2022 Paredes Holding Center SL (the Applicant) filed an application for the EU registration of the position trade mark no. The average consumer of this type of product is accustomed to this type of position trade marks and, in principle, can be guided by them when purchasing the product ( R 938/2000 , R 813/2002-1 ).

Television 73

Television Branding Brands Branding 73

IP Tech Blog

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. By using “Smart,” the application passed the formal test for registration. Since then, giant companies all over the world ?

Design Patent 57

Design Patent Designs Design Patent 57

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. Varsity Brands, Inc. , Tahiliani Design Pvt.

Artistic Work 45

Artistic Work Designs Design Copyright 45

IIPRD

JUNE 14, 2021

Right from the lanes of Delhi’s Sarojini Nagar, to the high-end fashion brands like Manish Malhotra and Sabyasachi, the people of the country have dynamic tastes and never-ending interests! Protection under the Designs Act, 2000. That is their main asset, their main product.” Iqbal Singh Chawla&Ors. ,

Intellectual Property 40

Intellectual Property Artistic Work Designs Design 40

LexBlog IP

AUGUST 22, 2022

Fashion brands, artists and entertainers, among others, have started focusing on producing digital work that is revolutionizing the way we perceive art, through the creation of NFTs and commodities. By using “Smart,” the application passed the formal test for registration. Other countries are lagging behind.

Design Patent 52

Design Patent Designs Design Patent 52

IIPRD

MARCH 9, 2022

This concept has originated from the United States’ Lanham Act of1946under section 43(a) a product’s trade dress can be protected without any kind of formal registration. 1339 (2000) The post Concept of Trade Dress in India first appeared on IIPRD. References: [1] 15 U.S.C. 1125(a)(1) (1988). [2] 205, 120 S.

Trademark 40

Trademark Branding Brands Branding 40

IP and Legal Filings

OCTOBER 12, 2022

Various jewelry designers have obtained IP protection for their jewelry pieces that range from trademark protection of the brand value to protection of the design itself either through copyright and/ or patents. As such, any jewelry that has been on display previously internationally or within India would not be eligible for registration.

Designs 52

Designs Design Copyright Artistic Work 52

IP and Legal Filings

MAY 29, 2022

They give a competitive edge to the brand and are not subject to public knowledge. Trade secrets also act as research tools for the company to modify its brand. The Information Technology Act 2000, conjointly provides for protection of trade secrets, albeit that’s associated with physics. Govindan vs E.M.

Contracts 52

Contracts Confidentiality Copyright Law Law 52

Intepat

JANUARY 5, 2024

However, the Information Technology Act, 2000 (‘IT Act’) provides conditional immunity to Internet intermediaries by virtue of the safe harbour principle. The appellant offered the respondent the registration for its Rights Management Tools. Internet intermediaries can thus be held liable for the same. Super Cassettes Industries Ltd.,

Copyright Infringement 52

Copyright Infringement Copyright Privacy Government 52

IP and Legal Filings

MARCH 29, 2022

The Indian Information Technology (IT) Act 2000 legalises electronic records and electronic signatures. This Act also includes the Ministry of Electronics and Information Technology’s Information Technology Rule, 2000, which governs reasonable security policies and procedures for sensitive personal data or information.

Intellectual Property 52

Intellectual Property Intellectual Property Law Artistic Work IP 52

IP Spotlight

DECEMBER 30, 2022

Each year, IP Spotlight updates our readers who often ask: how long does it take for a patent or trademark registration to grant? The fee is $4000 for a large entity, or $2000 for a small entity.) In previous years, we’ve done that by reviewing the USPTO’s annual Performance and Accountability Report.

Editing 45

Editing Trademark Invention Patent 45

Selvam & Selvam Blog

MARCH 28, 2022

This is often perceived as a means of brand building and a way to assert and secure their position and goodwill in the market to avoid losing customers or market share to the smaller entities. opposed the registration of a logo of pear by Prepear for being similar to its Apple logo. A widely discussed example was when Apple Inc.,

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

IPilogue

JANUARY 14, 2022

2000 SCC 66 at para. Like most countries, Canada bars the registration of “clearly descriptive” trademarks to prevent applicants from monopolizing words that merely describe the goods or services at hand. While filing trademarks is important for brand protection, the examination stage can take upwards of two years to complete.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

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 National IPR Policy of 2016 has resulted in increasing IP registration since its inception.

IP 40

IP Intellectual Property Branding Brands 40

Biswajit Sarkar Copyright Blog

OCTOBER 16, 2023

Additionally, the jewellery’s brand name and logo may be protected under the purview of the Trade Marks Act. The safest course of action would be to register jewellery designs under the Designs Act, 2000 if a jeweller intends to make more than fifty applications of a particular jewellery design.

Intellectual Property 81

Intellectual Property Artistic Work Designs Design 81

IP and Legal Filings

FEBRUARY 7, 2023

Their rights will be protected thanks to the metaverse brands’ trademarks. Importance of Registration of Trademarks in the Metaverse Businesses may now reach a larger audience, increase their digital footprint, and increase profits by utilising the Metaverse. It might be more difficult than ever in the metaverse to police brands.

Trademark 80

Trademark Non-Fungible Tokens Branding Brands 80

SpicyIP

DECEMBER 12, 2023

states that “The brand names serve as information ‘chunks’. Given, only a familiar brand name, a host of relevant and important information can be efficiently called into consciousness.” The brand names serve as the ‘information chunks’ “enabling the consumer to efficiently organize, store, and retrieve information from the memory.

Trademark 59

Trademark Branding Brands Branding 59

Kashishipr

AUGUST 2, 2021

Goods or items produced outside Bangladesh involving infringement of the Copyright Act, 2000 or infringement of layout design of integrated circuits that are intended for sale or use for commercial purposes within the territory of Bangladesh. A Unique Temporary Registration Number (UTRN) is generated on filing the online application.

IP 105

IP Intellectual Property Registration Registering Trademarks 105

Biswajit Sarkar Copyright Blog

NOVEMBER 30, 2021

The Novelty of Any Design is Important for its Registration. To be registrable, a design must be both new and original, and it must not have been previously published in India or elsewhere. It’s possible that a paper weight in the shape of an animal is brand new and unique. Exhibition before Registration.

Designs 52

Designs Design Registration Publishing 52

The TTABlog

SEPTEMBER 7, 2021

The CAFC soundly upheld the TTAB's decision ordering cancellation of a registration for the mark SCHIEDMAYER for pianos [ TTABlogged here ] on the ground of false association under Section 2(a). 1123 (2000 ed.). There was at that time no limitation on the composition of TTAB panels, see 15 U.S.C. 1092 (2006 ed.).

Trademark 98

Trademark Registration Intellectual Property Music 98

IIPRD

SEPTEMBER 17, 2021

The famous brand Lays, during the ICC World Cup 2011 launched 6 new flavors, named after the countries playing the match, India, Sri Lanka, West Indies, Australia, England, and South Africa. Although, it was also capable of being registered as a design under the Designs Act, 2000. Therefore, it has been discussed in detail hereafter.

Editing 52

Editing IP Artistic Work Designs 52