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Trademark Infringement Get So “Lucky”

IP and Legal Filings

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990. This case saw the issuance of several marks.

Trademark 105
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Evergreening of Patents

Kashishipr

India changed its Patents Laws in 2005 to comply with the TRIPS Agreement. Before the amendments of 2005, pharmaceutical manufacturers were not granted patents. They took into consideration Section 3(d) of the Indian Patents (Amendment) Act, 2005. However, after the changes, the rights of the manufacturers were recognized.

Patent 105
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SpicyIP Weekly Review (July 15- July 21)

SpicyIP

Journey Through “Marchs” on SpicyIP (2005 – Present) After a brief hiatus, Lokesh Vyas is back with the flashback series looking at SpicyIP posts through the years, from 2005 to present date. Both ‘PHENSEDYL’ and ‘PHENSERYL’ are products marketed to treat the same allergic symptoms, leading to increased chances of confusion.

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Unveiling Trademark Dilution from Scratch to Denouement

IP and Legal Filings

Although the statute does not consist of this word specifically, an interpretation to Section 29(4) of the act refers to this concept of dilution which states that a trademark should be a well-known trademark and have a reputation in India for the application of this section. The injured mark must have a reputation in India.

Trademark 105
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SpicyIP Weekly Review (December 16 – December 22)

SpicyIP

The Court held that the trademark of the respondent was confusingly/deceptively similar to the petitioner’s prior adopted, registered trademark ‘NIP’ but the nature of the goods of the petitioner and the respondent are also identical. The respondent did not participate in the proceedings.

IP 59
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SpicyIP Weekly Review (August 28 – September 3)

SpicyIP

SpicyIP Tidbit: Some Strengthening of the Right to Information Act, 2005 From the Judicial Side Image from here RTI applications are often responded to with dodgy replies and incorrect information. Md Sabeeh Ahmad writes on the proposed changes to the timelines in the patent prosecution process.

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World Intellectual Property Indicators 2020 or how all roads lead to China (ii): trademarks, industrial designs and creative industry  

Garrigues Blog

WIPO’s report revealed that trademark applications continued to grow worldwide in 2019 – this time by 5.8%. In fact, this upward trend in applications worldwide has remained constant for the last 10 years, and the number of trademark applications filed each year since 2005 has quadrupled. Industrial designs.