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Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

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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An Explorative Study on the Liability of Domain Name Registrars with reference to Trademark Infringement.

IP and Legal Filings

However, the same process does not include any examination or verification to determine whether the domain name is distinctive or capable of distinguishing itself from the competition, i.e., existing domain names that are clearly in violation of trademark law.

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Protecting Digital Identities: Trademarks, Domain Names, and the Menace of Cyber-Squatting

IP and Legal Filings

However, a caveat to this is that the use of a similar mark can still be permitted on different products or services, though it may not be eligible for registration as a domain name. [3] It also held that when possessor of a trademark has prior and exclusive usage, they not only possess superior title but also absolute ownership.

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Conquering Likelihood of Confusion in Pharmaceutical Trademarks

Corsearch

Name saturation is an existential challenge for every industry that harnesses trademark law to protect its brand. A study published in 2018 found that overall incidents of drug name confusion of all types had decreased when comparing two periods, 2000-2004 and 2012-2016 1.

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Trademark Infringement in the Digital Age

IP and Legal Filings

Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. A fundamental tenet of trademark law is to avoid consumers being confused about the origin or source of products or services.

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Effect Of Non-Use Of Trademark

IP and Legal Filings

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. Image Sources : Shutterstock] A trademark’s removal from the trademark registration is the consequence of non-use.

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E.D. Va. District Court Upholds TTAB Decision Finding "GRUYERE" Generic for Cheese

The TTABlog

McCarthy , the leading treatise on trademark law explains that “[t]he concepts of ‘generic name’ and ‘trademark’ are mutually exclusive. The party opposing registration has the burden to prove genericness by a preponderance of the evidence. Retail Servs., Freebies Publ’g , 364 F.3d 3d 535, 546 (4th Cir. Ampak, Inc. ,