IP and Legal Filings

APRIL 14, 2023

One such instance was the recent case involving the renowned Basmati Rice Brand ‘DAAWAT’. The suit was filed by the proprietors of the brand, LT Foods Limited ( “Plaintiff” ) against Saraswati Trading Company ( “Defendant” ), who were accused of having diluted the trademarks of the Plaintiff [1]. 2,000 Crores in Financial Year 2020-21.

Trademark 83

Trademark Branding Brands Branding 83

IIPRD

JUNE 29, 2022

Louis Vuitton Malletier is a French fashion house and one of the most recognisable luxury goods brands in the world. It was awarded the world’s most valuable luxury brand for six consecutive years (2006-2012), topping even Chanel, Gucci, and Dior. After 12 decades, it has become one of the most identifiable marks on the planet!

Intellectual Property 98

Intellectual Property Branding Brands Branding 98

IP and Legal Filings

JANUARY 26, 2023

But a prominent bar to such registration shall appear when the colour would be used in relation to a product denoting the quality or function of the product [28] —for example, registration of the colour ‘red’ for a brand of apple juice. 2003) 27 PTC 478 at para 63. See also: Libertel Group BV and Benelux-Merkenbureau [2003] E.T.M.R.

Registration 78

Registration Trademark Trademark Law Law 78

IIPRD

OCTOBER 28, 2023

However, outside the realm of brand marketing, when celebrities make use of a phrase, to the point of it becoming associated to them, it becomes a catchphrase of their own. trademark protection has been granted to catchphrases largely on the basis of creativity, distinctiveness, and proximal association of the brand with the good or service.

Copyright Law 59

Copyright Law Branding Brands Branding 59

Kashishipr

MAY 11, 2022

The single color or color combination of a product’s packaging can obtain Trademark Protection only if it is capable enough to be recognized by the general public as unique or belonging to a specific brand. 2003 (27) PTC 478 Del. It also encourages safeguarding the interests of the traders and consumers in the market.

Trademark Law 105

Trademark Law Trademark Law Branding 105

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]. Kirsty Phillips et al., 379 (2022). 2019 (77) PTC 1 (Del). [4]

Intellectual Property 59

Intellectual Property Due Diligence Journalism IP 59

The IPKat

SEPTEMBER 15, 2022

Another crucial change is abolishing the national regime of exhaustion of IP rights for certain goods and brands. The list includes such well-known brands as Apple, HP, Panasonic, Siemens, Tesla, and Volkswagen. The list includes such well-known brands as Apple, HP, Panasonic, Siemens, Tesla, and Volkswagen.

IP 132

IP Branding Brands Branding 132

The TTABlog

JANUARY 26, 2024

Petitioners alleged that from 2003 to October 2016, Petitioners and Respondent operated as a partnership and shared equally the profits derived from arranging and organizing dance parties in New York City under the Freedom Party brand. Kenneth Harris Hyman , Cancellation No. Wellington).

Registration 67

Registration Ownership Advertising Advertising 67

The TTABlog

DECEMBER 21, 2021

Petitioner’s actions and communications stating that it no longer had any NAKED brand condoms in the United States so that it should be 'clear sailing' for Respondent to launch its NAKED brand condoms caused Respondent to reasonably believe that any rights Petitioner had in the NAKED trademark for condoms had been abandoned.

Registration 51

Registration Contracts Advertising Advertising 51

IP and Legal Filings

NOVEMBER 30, 2022

The garment and export business in Cambodia must create more useful service activities including branding, marketing, and sourcing in order for it to advance up the value chain. The RCEP offers a chance to expand agricultural exports in terms of production, processing, and exports. Conclusion.

Intellectual Property 66

Intellectual Property Marketing Marketing IP 66

IPilogue

MARCH 27, 2023

As a result, the Mickey Mouse copyright was then set to expire at the end of 2003. Although the original Mickey Mouse’s copyright protection will expire at the end of 2023, Disney will still be able to protect the Mickey Mouse brand through trademark law. Starting in 1990, Disney pushed hard for an extension of copyright protections.

Public Domain 40

Public Domain Copyright Law Copyright Registering Trademarks 40

IP and Legal Filings

MARCH 8, 2023

The Plaintiff’s first registration in India dates back to the year 1993 in Class 16, and the Plaintiff claimed to have been utilising and holding registration rights for the Trade Mark since October 2003 for the hospitality industry (class 42). It might be challenging for a brand owner to provide evidence of market confusion.

Registration 85

Registration Branding Brands Branding 85

Intepat

JULY 12, 2021

Further, section 2(1)(m) of the Act states that a “…mark includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colors or any combination thereof…”. The previous provisions raise the following two main issues: 1.

Registration 98

Registration Trademark Journalism Branding 98

IIPRD

JANUARY 21, 2022

This distinct packaging assists the consumers in associating a product with a particular brand which helps in developing the goodwill and reputation of the brand. References: [1] 2003 (27) PTC 478 Del. [2] One of the very first case which provided protection to trade dress was Colgate Palmolive Company v. 2] CS(COMM) 76/2018. [3]

Branding 40

Branding Brands Branding Trademark Law 40

Technology & Marketing Law Blog

AUGUST 7, 2023

I replaced the Step Two and Hemi cases on personal jurisdiction with a recent 9th Circuit case, Herbal Brands v. In contrast, the Herbal Brands case cleanly deals with the common situation of an Amazon merchant selling in the Amazon marketplace. Jurisdiction Evaluating Personal Jurisdiction Herbal Brands v. PhotoPlaza.

Editing 52

Editing Law Contracts Privacy 52

IP and Legal Filings

JUNE 26, 2023

Introduction Brand owners and traders have long embraced numeral creativity to captivate consumers. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities.

Trademark 70

Trademark Fair Use Registration Branding 70

SpicyIP

NOVEMBER 9, 2023

Interestingly, the first patent for Sirturo was filed on 18/07/2003 ( PCT/EP2003/050322 ), meaning it is (more than) 20 years since their first filing. As readers may know, in India, tuberculosis has been causing hundreds of thousands of deaths a year, for decades now. Fn 12 of the same paper).

Patent 69

Patent Reporting Government Ownership 69

The TTABlog

AUGUST 17, 2022

In re Spirits Int’l N.V. , 3d 1347, 90 U.S.P.Q.2d 2d 1489, 1490-95 (Fed. 2009); In re California Innovations , 329 F.3d 3d 1334, 66 U.S.P.Q.2d 2d 1853, 1858 (Fed. The Board noted that there was no evidence that relevant U.S. Second, the screenshots are merely an advertisement of a third party cigar manufacturer touting the attributes of its product.

Advertising 40

Advertising Advertising Branding Brands 40

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. Vs timepiece Communication Pvt Ltd on 27 March 2003. In Zee Telefilms Ltd.

Contracts 52

Contracts Confidentiality Copyright Law Law 52

IP and Legal Filings

JUNE 12, 2023

It has become a common to modify brand names, movie titles etc. 2003 (27) PTC 457 (Bom) (DB). Parody is often taken as a defence in trademark infringement suits. to create memes, satirical one-liners etc., and will it amount to trademark infringement? References Civic Chandran v/s C. Ammini Amma (1996) 16 PTC 329 (Ker.)

Copyright Law 83

Copyright Law Copyright Law Copyright Infringement 83

The TTABlog

JUNE 9, 2021

Applicant SICPA Holding SA ran into double trouble when it applied to register the mark SHIFTMAG for "security consulting in the nature of professional consulting on magnetic stripe color shifting smart designs based on liquid crystal technology for visual card authentication, embed protection and brand identity customization.”

Technology 52

Technology Branding Brands Branding 52

SpicyIP

MARCH 21, 2024

The Department for Promotion of Industry and Internal Trade (DPIIT), under which the Patent Office functions, has published for consultation a set of proposed amendments to the Patent Rules, 2003. For example, see page 216 of this filing by Novartis with the SEC listing earnings by brand name of drugs.)

Patent 52

Patent Patent Application Government Reporting 52

Patently-O

SEPTEMBER 17, 2023

418 (2003). What that means is that design patents are often used to protect brand identifiers as commercial source signifiers. Trademark Infringement The standards for proving design patent infringement and trademark infringement differ significantly regarding the relevance of consumer confusion about product source. Moseley v.

Design Patent 71

Design Patent Patent Infringement Designs Design 71

SpicyIP

JANUARY 14, 2024

Additionally, the SB had pointed out that the application for registration lacked essential documents as required by Section 16 (who can apply for the registration) in conjunction with Section 18(3) (time for making the application for registration) of the Act and Rule 27 of the PPVFR Rules 2003 (proof of the right of making application).

Registration 64

Registration IP Settlement Patent 64

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

with distinction from the United States Naval Academy in 2003. John McCormick works closely with businesses on brand adoption, protection, and enforcement in the U.S. in electrical and computer engineering from the University of Maryland in 2008 and 2003, respectively, and his B.S. He received his J.D. He received his J.D.,

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

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] Varsity Brands, Inc. , Varsity Brands, Inc. , 2] This produces a higher opportunity for producing counterfeit goods. In the recent case of Star Athletica, LLC v.

Artistic Work 45

Artistic Work Designs Design Copyright 45

IP and Legal Filings

JULY 13, 2022

However, in 2003, with the case of Eastern Book Company v. Companies like the former have resources galore, including but not limited to, investors from around the world and celebrities endorsing their clothes and brand. However smaller stores have to rely on their creativity and effort to create a niche for themselves.

Copyright 67

Copyright Artistic Work Designs Design 67

IP and Legal Filings

SEPTEMBER 23, 2023

He was sporting a test version of the brand-new Nike Vaporfly 4%. [i] – Sportstar’<[link] accessed 8 June 2023 [xix] World Anti-Doping Code, Montreal (World Anti-Doping Agency), 2003. INTRODUCTION A significant issue broke up in 2019 after a Kenyan athlete named Eliud Kipchoge ran the marathon in under two hours.

Technology 52

Technology Journalism Law Business 52

Patently-O

DECEMBER 12, 2021

2003) (quoting Mark S. 471, 500 (2003)). [16] 903, 930 (2003) (“[T]here is good reason to think… that the right of publicity is unconstitutional as to all noncommercial speech, and perhaps even as to commercial advertising as well.”). [24] Major League Baseball Advanced Media, L.P. , 3d 818, 823 (8th Cir. 3d 363, 374 (Mo.

Registration 69

Registration Government Advertising Advertising 69

The IPKat

JUNE 23, 2022

Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. Despite its last episode having aired in 2003, it remains very well loved.

Branding 73

Branding Brands Branding Litigation 73

Copyright Lately

MAY 17, 2021

When Justin Timberlake hosted the show in 2003, he attempted to fulfill his life-long dream of singing with Kermit the Frog. Jason Segel and the Muppets on SNL (2011). But not all of the Muppets’ appearances on “Saturday Night Live” have been authorized.

Fair Use 96

Fair Use Copying Television Social Media 96

SpicyIP

MAY 15, 2023

Recently, tech brands Rario and Striker found themselves in a tussle over the exclusive right to use images and names of famous cricket players on their respective Online Fantasy Sports Platform. Single Judge, the court restrained Brompton and its associates from using the YSL marks. It alleged that respondent No.

Trademark 104

Trademark Registration Cease and Desist IP 104

IIPRD

JANUARY 29, 2023

13] Timothy B Anderson v Sylvester Stallone , 11 USPQ 2d (BNA) 1161, VT Thomas v Malayala Manorama Co Ltd , AIR 1989 Ker 49, Star India Pvt Ltd v Leo Burnett (India) Pvt Ltd, 2003 (2) BomCR 655, Eastern Book Company v DB Modak, Appeal (civil) 6472 of 2004. [14] 10] Nichols v Universal Pictures Co, 45 F.2d 2d 119 (2d Cir. 2d 945 (9 th Cir.

IP 52

IP Artwork Contracts Intellectual Property 52

43(B)log

AUGUST 5, 2021

Was more heavily used 1999-2003. Is this bringing in concepts from TM/ROP about branding? Industry pushed very hard against cheap copying, and yet as of 2019 there were only 538 registrations in 20 years versus hundreds of thousands of utility patents. That might have implications for what counts as authorship in cases like Garcia.

IP 45

IP Invention Designs Design 45

Copyright Lately

MAY 1, 2023

No wonder I’m getting flashbacks to 2003. And at least some artists may view AI as a positive way for them to increase name recognition and drive up the value of their individual brands, figuring that it will help them sell merch and fill concert venues. Soundalikes: No Actual Sounds, No Actual Infringement?

Music 85

Music Copyright Copying Copyright Law 85

Technology & Marketing Law Blog

OCTOBER 19, 2021

Citing a 2003 Ninth Circuit case, Kremen v. And there are many other forms of competitive marketing adjacencies that are fully permissible in the offline/physical space world, as I documented over a decade ago in my Brand Spillovers paper. It didn’t. ” This abstract statement requires more clarification.

Licensing 89

Licensing Copyright Contracts Advertising 89

LexBlog IP

SEPTEMBER 29, 2022

Joost Kist Memex (2003) , par. But, as Nick March has said , there is no turning back as “the power of sound to build emotional connections between consumers to brands has become evident. The equity of an instantly recognisable – ideally catchy – sound that creates subconscious connections with a brand is immense.

Trademark 52

Trademark Registration Music Intellectual Property 52