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The Interplay between Religious Sensitiveness and Trademark Law in India

IP and Legal Filings

As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited. 6] Section 9(2)(b) of the Indian Trademarks Act, 1999. [7] Lal Babu Priyadarshi [9].

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Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision?

SpicyIP

Image from Rick Harrison, here Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. Rather, it can be invoked as an active defense against an infringement suit.

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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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Taco Bell Petitions to Cancel TACO TUESDAY Trademarks at U.S. Trademark Office

LexBlog IP

But although this phrase is used by many, two restaurant companies actually own TACO TUESDAY trademark registrations that they can assert as conclusive evidence of their exclusive rights to use the slogan and enforce those rights against anyone who tries to use the mark. Taco Bell is seeking to change that. ” 15 U.S.C. §

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“It Might Be Your Character, But It’s My Business” The Saga of Themed Public Places and Trademark Infringement

IP and Legal Filings

A UK food blogger who operated an underground restaurant in 2009 made the decision to host a ticketed dinner with a Harry Potter theme. What does Trademark laws Say? The Trade Marks Act of 1999 provides protection for trademarks in India. and whose copyright is owned by author JK Rowling (in Australia as well).

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Trademark Enforcement In E-Market : Challenges In Identifying The Infringer And Holding Them Accountable

IP and Legal Filings

Firstly, the basic step towards protecting trademarks in online marketplaces is to register them with the Trademark Registry. The registration of trademarks provides legal protection and remedies in case of infringement. 27-10-2009). [8] Nakul Bajaj &Ors, [Civil Suit No. 344/2018]. [6] 344/2018]. [7]

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Federal Judge Holds Swiss Cheese Makers’ Claim to Gruyere Full of Holes

The IP Law Blog

Generic terms are incapable of functioning as registrable trademarks denoting source, and are not registrable on the Supplemental Register or on the Principal Register after having acquired secondary meaning. purchased the business in 2009. Emmi Roth, through its predecRoth Kase USA, Inc., called “Grandcru Gruyere.”

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