Selvam & Selvam Blog

NOVEMBER 3, 2022

vs Tata Sia Airlines Limited CS(COMM) 54/2022 was instituted by Frankfinn to refrain Tata from using their registered trademark ‘Fly High’. The plaintiff on the other hand contended that they were the original adopter, prior user, and registered proprietor of the mark ‘Fly High’ with use claimed since the year 2004.

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IP and Legal Filings

FEBRUARY 16, 2023

Introduction Trademarks may include any distinctive sign or mark that contributes in differentiating goods or services those of the competitors. In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark.

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IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

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IP and Legal Filings

MARCH 7, 2022

A trademark is a symbol, word, or phrase used by a corporate organisation or other legal body to distinguish their product from that of another firm and to identify their product. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

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Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. SSPL was incorporated in 2004. When SSPL was incorporated in 2004, SK Oil Industries had assigned it the label’s copyright. Plaintiff’s Arguments. Concluding Remarks.

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Technology & Marketing Law Blog

AUGUST 2, 2021

Trademarks and Domain Names. Trademark FAQs. Trademark Glossary. Review: Google’s Trademark Policy [[link]. Weis Markets. The post Announcing the 2021 Edition of My Internet Law Casebook appeared first on Technology & Marketing Law Blog. Section 512(c) Cheat Sheet. Shelter Capital (9th Cir. Pornography.

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LexBlog IP

OCTOBER 25, 2021

A glaring issue with this practice is that many search terms in keyword advertising programs are already trademarked, and trademark owners have an affirmative duty to enforce their trademark rights. However, in the fall of 2019 , Warby Parker became a direct competitor of 1-800 Contacts by entering the contact lens market.

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Technology & Marketing Law Blog

JULY 12, 2022

Trademarks and Domain Names. Trademark FAQs. Trademark Glossary. Review: Google’s Trademark Policy [[link]. The post Announcing the 2022 Edition of My Internet Law Casebook appeared first on Technology & Marketing Law Blog. Section 512(c) Cheat Sheet. Shelter Capital (9th Cir. revised opinion). Ticketmaster v.

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IP and Legal Filings

NOVEMBER 23, 2023

iii] Provisions in Indians Laws Trademarks Act, 1999 does not make any exact provision for publicity rights, but its definition of ‘Marks’ contains names within its ambit. ii] 2003 VIIAD Delhi 405, 2003 (26) PTC 245 Del, 2004 (1) RAJ 10 [iii] The Trademarks Act, 1999. [iv] iv] The Copyrights Act, 1957. [v]

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The IPKat

DECEMBER 17, 2022

Kat friend Marcel Pemsel, who will shortly publish as a full-fledged Guest Kat, already shares his thoughts on a recent trademark decision by the General Court concerning that favorite of trade mark questions: what does the specification of goods and services cover? Many terms have a clear and precise meaning.

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IIPRD

OCTOBER 4, 2022

Up until a few years ago, the Starbucks sleeve was also copyrighted and that’s beside their trademarked logo being printed on each sleeve served. It was resolved that the committee would trademark the Ethiopian coffees; namely, Sidamo, Harrar, and Yirgecheffe. Geographic Indication vs Trademarks. An Unprecedented Precedent.

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Canadian Intellectual Property Blog

OCTOBER 14, 2020

It has been almost two years since the federal legalization of cannabis, and Canada’s legal cannabis market is quickly blossoming into a massive industry. The market is constantly growing with many US states (e.g., Market research predicts that the global legal cannabis market could reach CAD $100 billion by 2027 [1].

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IIPRD

NOVEMBER 14, 2023

of the population of India having ingress to the world wide web and ever growing e-commerce market which is forecasted to reach about twenty billion euros by 2030, it becomes pertinent to analyse the interconnect between these two. [1] Kiren Willy, India: e-commerce market size 2030 | Statista , [link] (last visited Sep 7, 2023).

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43(B)log

SEPTEMBER 8, 2021

market for mixing tips used by dentists to create impressions of teeth for dental procedures, such as crowns. trademark registrations for particular colors on mixing tips. 2004), or the colors of pills in Inwood v. Sulzer Mixpac AG v. A&N Trading Co., 19-2951 (2d Cir. 18, 2021) The parties compete in the U.S.

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Technology & Marketing Law Blog

JANUARY 18, 2024

However, those arguments were more theoretical than empirical; there weren’t a lot of high-profile examples of a mass-market consumer service deploying this strategy. Supreme Court in favor of Google, January 2023 The post 2023 Internet Law Year-in-Review appeared first on Technology & Marketing Law Blog.

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The TTABlog

APRIL 6, 2022

Priority: Applicant ADOL proved that it first used the subject marks in the United States in April 2004. The Board also pointed out that "as between a manufacturer and distributor, the manufacturer is presumed to own a trademark applied to the goods." ADOL Sh.p.k. 2022 USPQ2d 292 (TTAB 2022) [precedential] (Opinion by Judge Marc A.

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IIPRD

JUNE 29, 2022

’ Trademark: This refers to the brand’s name, emblems, and symbols that are used on premium goods to help differentiate Louis Vuitton products from those of other companies. According to statistics, Louis Vuitton counterfeits accounted for 18% of all counterfeit items seized in the European Union in 2004!

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Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

In that case, Google was using the plaintiff’s (Bharatmatrimony) trademark for advertising the websites of other matrimonial sites. Hence, the court held by virtue of Section 29(3) of the Trademark Act, there will be a presumption of infringement against the defendant. This is because there were several factual questions in dispute.

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43(B)log

JULY 1, 2022

2004), in which the defendant continued to run an infomercial after its agreement with the individual plaintiff, Lundin, featured in the infomercial expired. Lanham Act false endorsement: Even if the individual counterclaimants’ names had protectable commercial value, the present maintenance of a past link is not false endorsement.

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Copyright Lately

MAY 17, 2021

Kermit the Frog and Robert De Niro on SNL (2004). Deciding whether more extensive copying is reasonable will depend on the extent to which the overriding purpose of the new work is to serve as a parody of the original as opposed to a market substitute. Jason Segel and the Muppets on SNL (2011).

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LexBlog IP

NOVEMBER 29, 2022

Sections 32(1)(a) and 43(a)(1)(A) of the Lanham Act impose civil liability on any person who “use[s] in commerce” a trademark in a manner that “is likely to cause confusion, or to cause mistake, or to deceive.” 2d 226 (2004), and its predecessor, the Sherman Act, Hartford Fire Ins. ” 15 U.S.C. 1125(a)(1).

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Kluwer Copyright Blog

JUNE 17, 2021

The CJEU starts by restating its relevant case law on the database sui generis right, mainly Innoweb , The British Horseracing Board and Others , and the Fixtures Marketing cases. [1]. 2] See above British Horseracing Board and Fixtures Marketing decisions. As a result, the Court broadens the question to the entire infringement test.

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LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ).

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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 risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. Objective 5.11.1

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43(B)log

FEBRUARY 17, 2022

Elysium argued that Right of Assembly was “a marketing website for Tru Niagen for which ChromaDex pays commissions to Shelly Albaum for Tru Niagen customers referred through the website.” It was also first to market.) You can find out more here: [link]. Was this commercial advertising or promotion?

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IP and Legal Filings

JANUARY 30, 2023

As the number of companies are increasing in the domestic and international markets the importance of Intellectual Property Rights (IPR) is also increasing. Metaverse is essentially a blessing for businesses that own trademarks because it offers a fruitful environment for inexpensively promoting and marketing trademarks.

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

At the same time, market uptake of biosimilars in the United States continued to increase, suggesting that there is room for expansion of biosimilars in the U.S. In addition, fewer new biosimilars entered the market this past year, with five biosimilar launches in 2020 as compared to seven in 2019. Yet biosimilars of anti-TNF?

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SpicyIP

FEBRUARY 12, 2024

Last week we published 9 posts on topics such as our comments on the proposed Trademarks (1st Amendment) Rules, the Madras High Court’s decision with respect to patentability of business methods, and Union Minister of State for Commerce’s response on ability of the current IPR regime to cater concerns arising out of AI generated work.

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SpicyIP

DECEMBER 8, 2023

Since Bolt Technology OU lacked a commercial presence in India, its app downloads in the country were rendered inconsequential as users could not access Bolt’s services locally, failing to establish a “ substantial reputational spillover ” into the Indian market Reputation and Goodwill: Not Really ‘Tomato-Tomahto’?

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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. Distinctiveness – under the Trademark Act, the term ‘mark’ includes ‘combination of colours’ making it intrinsically obscure.

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Technology & Marketing Law Blog

SEPTEMBER 14, 2021

But trademark plaintiffs and judges are still partying like it’s 1999. Defendant has also used Plaintiffs’ trademarks “Seeking Millionaire,” “Seeking Arrangement,” “Whats Your Price,” “Carrot Dating,” and “Seeking” as search terms in the Apple Appstore and Google Play Store to yield LuxyApp as a search result.

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SpicyIP

JULY 19, 2021

Attars and Agarbattis: Protecting Traditional Cultural Expressions through Non-Conventional Trademarks. In this guest post , Tahhira Somal explores existing frameworks of non-conventional trademarks, particularly those of smell marks, while assessing their role in the protection of certain traditional cultural expressions.

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SpicyIP

OCTOBER 23, 2023

Turtle ” order opining that use of a mark to pass a critical comment will not amount to an infringement of the trademark. Appointed to the Delhi High Court in 2004 where he served until May, 2019 before assuming the role of chief justice of the Rajasthan High Court and eventually being appointed to the Supreme Court in September 2019.

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43(B)log

AUGUST 12, 2021

He also unsuccessfully sued insurance companies and Safelite based on similar claims in the past, including in 2003 and 2004. Safelite advertises, markets, and promotes just the opposite,” and that Plaintiffs are the “face of long-crack repair” whose success depends “on the industry’s acceptance of that practice.”

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SpicyIP

MAY 8, 2022

Plus, the process of letting a market place decide, doesn’t exclude the government from also funding innovations it thinks are desirable! Every IP has its peculiar version, such as the filter of originality (copyright), the filter of non-obviousness (patents), the filter of distinctiveness (trademark), etc. Pocrati: But Prof!

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43(B)log

JULY 20, 2023

2004), abrogated in part on other grounds by Bridge v. While one who provides services in exchange for a payment relies only on the payment guarantee, a purchaser of a car may choose to rely on any of a number of marketing and branding representations.” (I And it rejected plaintiffs’ invocation of Klay v. Humana, 382 F.3d

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Technology & Marketing Law Blog

JANUARY 24, 2023

Two recent key developments were the Digital Markets Act and the Digital Services Act. This discourages visits to new sites, which will reward incumbents and thwart new market entrants. A bill that sought to accelerate the demise of online marketplaces by creating a new and unmanageable species of contributory trademark liability.

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