Patently-O

OCTOBER 4, 2021

We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued. We estimate that ~90% of patent litigations initiated in 2020 included a patent with an effective filing date before the AIA transition date of March 16, 2013. Who’s Suing Us? COVID-19Impact).

Art 126

Art Journalism Patent Law Invention 126

LexBlog IP

JUNE 6, 2023

From a 5,000-foot view, a franchise involves one party allowing another to use its brand, which may include products and services, intellectual property, and sometimes more, in exchange for a fee. § 45.66.210(a) (2009); Fla. This could inadvertently create a franchise and subject you to civil and criminal penalties. 15 U.S.C. §

Licensing 52

Licensing Due Diligence Business Intellectual Property 52

Patently-O

OCTOBER 4, 2021

We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued. We estimate that ~90% of patent litigations initiated in 2020 included a patent with an effective filing date before the AIA transition date of March 16, 2013. Who’s Suing Us? COVID-19Impact).

Journalism 105

Journalism Art Patent Law Invention 105

The TTABlog

AUGUST 15, 2022

Branded, LLC , 2022 USPQ2d 742 (TTAB 2022) [precedential] (Opinion by Judge Marc A. It noted that Branded "failed to introduce any credible documents showing use of the OLD SCHOOL mark to identify clothing or sale of clothing." Respondent Branded also claimed that there were efforts to license the mark. Vans, Inc.

Registration 52

Registration Cease and Desist Branding Brands 52

IP Tech Blog

APRIL 17, 2023

Confirmation on Demand The Draft Amendment to the Trademark Law (Article 18) finally codifies the established practice that well-known status is neither a one-time decision by a higher administrative body (as it used to be before 2009) nor a permanent state. Therefore, well-known status is not a defined degree of notoriety.

Trademark Law 57

Trademark Law Trademark Law Branding 57

IP and Legal Filings

DECEMBER 17, 2023

Instead of paying right royalties and buying adequate licenses, these companies believe in acquiring a huge catalogue first and bearing the cost later through settlements which helps in keeping the costs at check along with brand reputation; since cases are settled before going to the court. [ix] Author: Harjas Gulati. 1743/2005 (Delhi H.C.),

Copyright Law 69

Copyright Law Copyright Music Law 69

IP and Legal Filings

JUNE 12, 2023

It has become a common to modify brand names, movie titles etc. Vipul Amrutlal Shah (2009) and MRF Limited v. Parody is often taken as a defence in trademark infringement suits. to create memes, satirical one-liners etc., and will it amount to trademark infringement?

Copyright Law 83

Copyright Law Copyright Law Copyright Infringement 83

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Vivian Cheng focuses her practice on trademark and copyright litigation and also counsels clients on a broad range of issues relating to trademark, trade dress, and copyright protection and enforcement, unfair competition, and false advertising. Will Freeman focuses his practice on patent litigation in U.S. He received his J.D.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

IP and Legal Filings

JANUARY 5, 2023

To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. The ‘Cycle’ brand is registered under various classes which include food products and incense sticks, dhoop, hair oil, etc. COURT’S DECISION.

Trademark 83

Trademark Branding Brands Branding 83

SpicyIP

NOVEMBER 8, 2023

Basheer, in his 2009 post, about Chantix, a Pfizer-patented anti-smoking drug, raised questions regarding transparency around the discretion to require local clinical trials. A brand owner’s injunction now depends on the ad’s content, checking if the same confuses or causes blurring or tarnishment. and Class 5.2

Trademark 59

Trademark Publishing Journalism Copyright 59

IP and Legal Filings

FEBRUARY 2, 2024

Bhole Baba Milk Food Industries Ltd [8] , The Parul food Pvt ltd, sold ghee under the brand “Parul’s Lord Krishna,” which featured Krishna printed in a huge font, whereas the Appellant sold dairy products under the name “KRISHNA.” In Parul Food Specialities Pvt. 7] 2005 (3) AWC 2097. [8]

Trademark Law 89

Trademark Law Trademark Law Service Mark 89

SpicyIP

MAY 10, 2023

1055/DELNP/2009 for the invention –“Process Device with Density Measurement” and the subsequent rejection order (dt July 7, 2017) passed by the Controller. Shell Brands International AG v. Sidenote: We’ll put out an in-depth assessment of the information regarding IPD’s performance, as highlighted in this report, in an upcoming post.]

Trademark 126

Trademark Invention Patent Art 126

The IP Law Blog

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. The Ninth Circuit cautioned that a plaintiff is “not required to preemptively conduct consumer surveys in anticipation of litigation.”

Copying 98

Copying Marketing Marketing Advertising 98

Bio Law Blog

JANUARY 8, 2020

The Biologics Price Competition and Innovation Act of 2009 (BPCIA) was passed as part of health reform signed into law by President Obama in March 2010. 2020 will also usher in some notable changes expanding the scope of products that are regulated and litigated under the BPCIA. This year, the BPCIA turns 10. While the U.S.

Marketing 40

Marketing Marketing Settlement Litigation 40

SpicyIP

MAY 20, 2024

Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009. on 10 May, 2024 (Delhi High Court) The defendant filed an application seeking cost of litigation from the plaintiff. Intergrow Brands Pvt. Drop a comment below to let us know. On the occasion of Prof. Case Summaries Dolphin Mart Private Limited v.

Trademark 45

Trademark Advertising Advertising Copyright 45

SpicyIP

MAY 15, 2023

Recently, tech brands Rario and Striker found themselves in a tussle over the exclusive right to use images and names of famous cricket players on their respective Online Fantasy Sports Platform. Gaurangi Kapoor highlights the key aspects of the litigation and writes on the findings of the court.

Trademark 104

Trademark Registration Cease and Desist IP 104

LexBlog IP

SEPTEMBER 22, 2022

P and P Imports (“P&P”) sells outdoor games under its GoSports brand, and in December 2016, it began selling its “Giant 4 in a Row Game” that was based on the classic tabletop version. P&P sold its game through Amazon and eBay and climbed the best seller rankings on Amazon. ” Art Attacks Ink, LLC v.

Copying 52

Copying Marketing Marketing Advertising 52

43(B)log

AUGUST 17, 2021

That wasn’t absolutely required; a number of the plaintiffs had modeled for Playboy, and there were at least 11 references to Playboy in the responses, but “Playboy itself is a strong brand. And because it was kicking out the federal claims, it declined to exercise supplemental jurisdiction despite how far the litigation had progressed.

Social Media 59

Social Media False Advertising Advertising Advertising 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation. Branded Semglee ® : 5% off WAC of Lantus ® , with high rebates. The House also advanced the Affordable Prescriptions for Patients Through Improvements to Patent Litigation Act (H.R.

Litigation 52

Litigation Settlement Patent Marketing 52