Patently-O

JUNE 29, 2022

In 2008 Meenaxi began filling the US demand with its own version version of the drinks. Coca-Cola stepped-in in 2016 seeking to cancel Meenaxi’s mark registrations. But, the missing link was evidence that the US-based Indians and Indian-Americans were aware of the branding. consumers were aware of its Indian brands.

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Trademark Trademark Law Branding Brands 121

Kashishipr

AUGUST 25, 2021

Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., The brand does not create more of these to maintain the attractiveness and exclusivity associated with the limited or special edition products. In essence: ‘use it or lose it.’

Editing 105

Editing Law IP Designs 105

TorrentFreak

MAY 31, 2022

Reports indicate that four well-known piracy brands have been reported to the police – the infamous Tamil Rockers, Tamil Blasters, and Tamil MV, plus popular mobile application Pikashow. The registration of the complaint was confirmed by Santosh Ram, station officer at the Bengaluru Police. That switch has proven more effective.

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Copying Reporting Copyright Copyright Law 139

Garrigues Blog

DECEMBER 6, 2022

Can a well-known watch brand prevent the protection of another identical or similar trademark for other types of goods such as cosmetics? But does this mean that a famous mark can extend its status and prevent the registration of third parties’ trademarks for any goods or services?

Trademark 52

Trademark Branding Brands Branding 52

IPilogue

AUGUST 2, 2021

European trademark law requires genuine use of a trademark to maintain registration. Lack of use may cancel a trademark’s registration; as well, any oppositions based on a trademark without genuine use may not withstand a non-usage defense. . Tugce Kucukali is an IPilogue Writer and incoming LL.M. Hasbro v EUIPO.

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Trademark Registration Trademark Law Intellectual Property 59

IP and Legal Filings

MAY 8, 2024

Karanveer Singh Chhabra, emerges as a poignant saga, pitting the stalwarts of the liquor industry against each other in a quest for brand integrity and consumer trust. The plaintiffs have obtained registration in respect of their trademark in Class-33. Whether the consumers of such products be able to differentiate between both brands?

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Trademark Intellectual Property Branding Brands 52

SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. Registration DA-IICT extends a warm welcome to all eligible participants FREE of charge.

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Intellectual Property Technology IP Law 105

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.

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Designs Design Copyright Copyright Infringement 90

Plagiarism Today

OCTOBER 26, 2021

The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”. They are part fashion, part artwork, part branding and part character. Trademark infringement, however, isn’t like copyright. Bottom Line.

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Trademark Copyright Cease and Desist Copying 238

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] This is evidenced as an artistic work enjoys protection throughout the life of the author plus sixty years; whereas a design only enjoys protection for 10 years from registration.

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Artistic Work Designs Design Copyright 45

The IPKat

FEBRUARY 10, 2024

In July 2022, following an appeal, the EUIPO's Board of Appeal eventually revoked the Registration in respect of all the goods at issue, with the exception of ‘polo shirts’ and ‘sweaters’, finding that the evidence produced by Mr Noah showed genuine use of the Mark in the European Union during the relevant period.

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Registration Intellectual Property Marketing Marketing 62

IP and Legal Filings

FEBRUARY 16, 2023

Image Sources : Shutterstock] A trademark’s removal from the trademark registration is the consequence of non-use. Also, IPAB and Indian Courts did not hesitate to cancel the registration of well-known International brands as it was observed in the case of Cadbury, Burger King and M/s Pops Foods Products (p) Ltd.

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Trademark Registration Registering Trademarks Advertising 52

The IP Law Blog

APRIL 1, 2021

He had been selling “METAL” branded clothing since the early 1990s, primarily through hard rock music magazines. This was apparently untrue and in a separate 2008 proceeding, the PTO concluded that this was a false statement, at least as to boots, and cancelled TA’s registration of the METAL mark. (decided Feb.

Trademark 52

Trademark Branding Brands Branding 52

The TTABlog

MARCH 23, 2022

The USPTO refused registration of the proposed mark LE CHOCOLAT DES ILES & Design (shown below), for various chocolate products [CHOCOLAT disclaimed], including chocolate candy and chocolate-covered nuts, finding confusion likely with the registered mark ISLAND CHOCOLATES for "chocolate candies, chocolate covered nuts" [CHOCOLATE disclaimed].

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Registration Designs Design Branding 52

LexBlog IP

AUGUST 10, 2022

However, El Ranchero has only been selling tortilla chips and tostados under its EL RANCHERO word and design marks since as early as 2008. Both parties also introduced evidence that their products are sold and marketed at grocery and retail stores, online through their websites and social media, and through co-branding with beer companies.

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Social Media Designs Design Registration 40

IP and Legal Filings

FEBRUARY 6, 2023

Moreover, the name earned by the brand helped it in establishing 81 retail outlets overall at different locations such as New Delhi, Pune, Noida, Bangalore, and Mumbai, and registered several trademarks for the brand of ‘THEOBROMA’ and for its different variants. Over time, it gained a good reputation and earned popularity.

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Trademark Settlement Business Branding 82

Intepat

MAY 8, 2023

In the year 2008, both India and Pakistan discussed submitting a joint application to register basmati as GI in the European Union. Later this plan was dropped following the 2008 Mumbai terrorist attacks. Even though many countries domestically use basmati rice, it is geographically exclusive to certain districts of Pakistan and India.

Marketing 52

Marketing Marketing Government Intellectual Property 52

The TTABlog

JULY 5, 2022

Concluding that Coca-Cola failed to establish statutory standing based on lost sales or reputational injury, the CAFC reversed the TTAB’s decision [ TTABlogged here ] ordering cancellation of Meenaxi Enterprise's registrations for the marks THUMS UP and LIMCA for soft drinks. trademark rights in the THUMS UP or LIMCA brands."

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

NOVEMBER 8, 2023

The Recording of Court Proceedings in 2008: In October 2008, Mihir discussed a case in the Supreme Court that considered recording its proceedings as a move toward judicial transparency. For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously.

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Trademark Publishing Journalism Copyright 59

IIPRD

JUNE 13, 2024

Which states that for copyright registration only “the details of the person(s), who has actually created the work i.e. only natural person (human being), should be provided” Also, section 57 of the act says that the author has Moral rights, and incorporates the right to paternity and the right to integrity. 6] Thaler V Vidal, No.

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Intellectual Property Inventor Invention Trademark 59

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. The parties were back in court in January for a form of order hearing.

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Branding Brands Branding Litigation 73

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

IP and Legal Filings

MARCH 29, 2022

Section 72A of the IT Amendment Act of 2008 specifies the penalty for disclosing information in violation of a legal contract.” it has also launched its Amazon IP Accelerator program to provide assistance to its sellers who are also brand owners, it enables business owners to acquire and protect their Intellectual property.

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Intellectual Property Intellectual Property Law Artistic Work IP 52

SpicyIP

JULY 5, 2021

However, he concludes that the recent stand of the Delhi High Court highlights that the judgment does not reflect an absolute bar over the arbitrability of disputes concerning trademarks, but rather it imposes a limitation only in relation to those matters which are concerned with the grant or registration of trademark. Thematic Highlight.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

The TTABlog

AUGUST 15, 2022

In an exhaustive and exhausting opinion, the Board granted petitions to cancel two registration for the mark OLD SCHOOL for various clothing items, on the ground of abandonment. The Board found that the registrant, despite claiming attempts to sell or license the mark, had discontinued use of the mark with an intent not to resume use.

Registration 52

Registration Cease and Desist Branding Brands 52

IP Whiteboard

NOVEMBER 18, 2020

In 2008, Sydney Cabs and Manly Cabs entered a Business Sale Agreement ( BSA ) which stated that Sydney Taxis would obtain certain telephone numbers of Manly Cabs at completion but did not describe the mechanism by which this was to occur ( Disputed Numbers ). Sydney Taxis operated a radio room and call centre for both Manly Cabs and RSL Cabs.

Branding 40

Branding Brands Branding Business 40

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. Back in 2008, the Shenzhen Market Supervision Administration (MSA) set up a digital works recordation center, the so-called “Shenzhen Digital Works Recordation Center” ( 深圳数字作品备案中心 ).

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IP Ownership Non-Fungible Tokens Copyright Law 109

TorrentFreak

JANUARY 21, 2023

The annual list of popular torrent sites features well-known brands, and this year there are some notable additions. RARBG was founded in 2008 and specializes in high-quality video releases. The site’s registrations remain closed, however, and comments are still disabled. RARBG RARBG has remained steady over the past year.

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Branding Brands Branding Publishing 142

LexBlog IP

SEPTEMBER 29, 2022

19 The distinctive character of a trade mark must be assessed by reference, first, to the goods or services in respect of which registration is sought and, second, to the perception of the relevant public (see judgment of 12 February 2004, Henkel, C‑218/01, EU:C:2004:88, paragraph 50 and the case-law cited). ” Ardagh at par.

Trademark 52

Trademark Registration Music Intellectual Property 52

LexBlog IP

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. Case law regarding the registration of NTFs under copyrights is only beginning to take place in the United States.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

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. Continuous use of the trademark is an essential requirement for not only registration but also for enforcing one’s right against infringement.

Editing 52

Editing IP Artistic Work Designs 52

Kashishipr

AUGUST 4, 2021

In the age of cryptocurrency, the first move was advanced by the introduction of Bitcoin, which was introduced in a white paper in 2008, and then it came to be launched in 2009. This, in turn, is rewarded with the newly created cryptocurrency. Since then, there have been more than 2500 cryptocurrencies.

Trademark 105

Trademark Trademark Law Intellectual Property Ownership 105

LexBlog IP

JULY 5, 2022

” [1] The best part about a copyright is that its registration is typically inexpensive and straightforward. § 102(a); see also Pride Family Brands, Inc. Copyright protects “original works of authorship” fixed in any tangible medium of expression, such as “pictorial, graphic, and sculptural works.”

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

Above the Fold

JULY 5, 2022

1] The best part about a copyright is that its registration is typically inexpensive and straightforward. 102(a); see also Pride Family Brands, Inc. Copyright protects “original works of authorship” fixed in any tangible medium of expression, such as “pictorial, graphic, and sculptural works.” [1] Turner Heritage Homes Inc.,

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40

IIPRD

JUNE 8, 2024

Fundamentals concerning this trend’s effects on consumer perceptions, intellectual property rights, and brand integrity are brought up. Although they provide more affordable options, knockoffs and counterfeiting present a problem for luxury brands and designers who want to safeguard their creative investments.

Intellectual Property 52

Intellectual Property Designs Design Branding 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

The United States Patent and Trademark Office (USPTO) refused registration of “Trump Too Small” under Section 2(c) of the Lanham Act ( 15 USC 1052(c) ) because the phrase includes a living individual’s name without his written consent. Tam (2017) and Iancu v. The text of Section 2(c) is viewpoint-neutral.

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Registration Trademark Blogging Law 75