article thumbnail

STEALING HOME: A PROPOSAL FOR RESCUING FANS AND FRANCHISES FROM THE COUNTERFEIT SPORTS APPAREL MARKET

JIPL Online

v] Thus, the market for counterfeit sports apparel in the United States is quite large. ii) Policy rationales behind trademark law and their application in the sprots apparel context. the court summarized the modern purpose behind trademark protection in that they “help consumers to select goods. [ix] Euroquilt, Inc. ,

article thumbnail

Zara vs. Boungiorno and the possibility (or not) of using third-party trademarks

Garrigues Blog

regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. They claimed the lawfulness of such use under the limitations specified in Article 37 of the Trademark Law, both in its original version and as modified by Directive 2015/2436.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Trademarks, Territoriality, and Migration

Patently-O

That divide allows the company to cater to local market preferences and regulations and also avoid potential arbitrage. In the 1970’s Coca-Cola withdrew its flagship sugary cola from the Indian market at a time of heavy regulation of foreign companies. In the 1990s, the Indian market opened again to foreign competition.

Trademark 119
article thumbnail

Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

To answer that and other questions about Halloween costumes, we have to step back and look at how copyright and trademark law apply to costumes. Halloween costumes sit at an interesting and muddled intersection between copyright and trademark law. Copyright and Halloween Costumes.

Trademark 250
article thumbnail

Protection of Nonfungible Tokens in Indonesia

IP and Legal Filings

As of this writing, there is no explicit regulation governing the NFT market or the way NFTs should be produced, acquired, gathered, coined, etc. While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No.

article thumbnail

Limited Edition Products: Can they be Protected under IP Law?

Kashishipr

A critical issue to be addressed is whether these limited-edition products can get protection under Intellectual Property (IP) law, just as regular products do, and if yes, then which is the most appropriate form of IP Protection ? Protection for Limited Edition Products under Trademark Law.

Editing 105
article thumbnail

The Conundrum of Naked Licensing

SpicyIP

We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarks law. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in Intellectual Property Law, especially Trademark Law.

Licensing 105