The IPKat

JULY 22, 2022

In 2006, work on simplifying procedures for the protection of industrial designs started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) , which has evolved into the draft for the proposed DLT. plants, animals, and microorganisms), and knowledge systems.

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Designs Design Intellectual Property Licensing 117

Garrigues Blog

FEBRUARY 5, 2024

regarding the use of the ZARA trademark. We will examine the impact of the ruling in cases involving the use of third-party trademarks. Buongiorno was an internet and mobile telephone network provider that, in 2010, launched an advertising campaign for a paid subscription to a messaging service for receiving content via SMS.

Trademark 59

Trademark Trademark Law Advertising Advertising 59

Likelihood of Confusion

FEBRUARY 3, 2023

I subbed for a more important lawyer on a panel for the American Intellectual Property Association Spring Meeting in New York today (May 7, 2010). This is an outfit I. The post Where nobody knows your name appeared first on LIKELIHOOD OF CONFUSION™.

Intellectual Property 52

Intellectual Property Trademark Law Trademark Law 52

Likelihood of Confusion

FEBRUARY 23, 2022

Originally posted 2010-08-10 17:08:46. History repeating and all, ya know. First time, tragedy. Second time — farce. Republished by Blog Post Promoter. The post Slamming the DOORS appeared first on LIKELIHOOD OF CONFUSION™.

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Blogging Branding Brands Branding 52

Garrigues Blog

APRIL 23, 2024

regarding the use of the ZARA trademark, as previously discussed here. of the trademark “ZARA” as a key element in the promotions of its service Club Blinko, in the year 2010, infringed upon the exclusive right that Inditex holds over the renowned trademark “ZARA” Buongiorno Myalert, S.A.

Trademark 52

Trademark Advertising Advertising Trademark Law 52

Technology & Marketing Law Blog

NOVEMBER 11, 2023

Second, and more importantly, because the trademark law consequences of getting it wrong are so severe that few services would choose to roll the dice. The contributory trademark infringement claim survives a motion to dismiss. This ruling highlights the legal risk.

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Trademark Contracts Blogging Fair Use 91

Erik K Pelton

DECEMBER 20, 2022

Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. trademarks for clients and has represented hundreds of parties in trademark disputes. Past issues of Top Trademark Trends: 2021: [link].

Trademark 130

Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

Likelihood of Confusion

AUGUST 19, 2021

Originally posted 2010-03-28 10:00:14. The IMPACT® blog reports a settlement in the Second Life dispute. Republished by Blog Post Promoter. The post Second Life case settles appeared first on LIKELIHOOD OF CONFUSION™.

Settlement 52

Settlement Blogging Reporting Fair Use 52

Likelihood of Confusion

OCTOBER 10, 2021

Originally posted 2010-09-13 10:50:42. The post Yes, you can get your trademark judgment enforced in a foreign country! Uh, not really. Not in this lifetime. But you can get it enforced in Canada, which is the next best thing. Republished by Blog Post Promoter. appeared first on LIKELIHOOD OF CONFUSION™.

Trademark 52

Trademark Blogging Trademark Law Law 52

The IPKat

FEBRUARY 11, 2022

it has become a preeminent firm in the trademark world. An honors graduate of Dartmouth College, and of Harvard Law School, he married a profound understanding of trademark law with a keen practitioner's eye for the needs of his clients and the disarming charm of his charismatic personality.

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Trademark Trademark Law Branding Brands 70

IP and Legal Filings

NOVEMBER 1, 2023

As per Section 29(4), A registered trademark will get infringed and lead to dilution if- ( a ) The mark is identical or similar to the previously registered trademark ( b ) Use in relation to different types of goods and services than those of the registered trade mark. ( 2010 (42) PTC 572 (Del.) 2010 (42) PTC 572 (Del.)

Trademark 92

Trademark Registering Trademarks Branding Brands 92

Erik K Pelton

DECEMBER 31, 2021

Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. trademarks for clients and has represented hundreds of parties in trademark disputes. Past issues of Top Trademark Trends: 2020: [link].

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Editing Non-Fungible Tokens Trademark All Rights Reserved 147

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India.

Trademark 52

Trademark Branding Brands Branding 52

The IPKat

MARCH 24, 2023

Background Gufic Pharmaceuticals, a manufacturer of Ayurvedic medicines, registered in 2010 the word mark “Gufic” for goods in Classes 3, 5, and 29. Hecht Pharma filed a revocation action in the EUIPO on the ground that the extent of trademark use had not been sufficiently demonstrated.

Trademark 85

Trademark Advertising Advertising Trademark Law 85

IP and Legal Filings

AUGUST 11, 2023

19] Being able to distinguish one’s trademark falls at the centre of the trademark law, as otherwise, it is liable to be rejected under Section 9(1) of the Act. NLSI Rev 67, 80 (2010). [3] 3] A Draft of Manual of Trademark Practice & Procedure, 3.2.4. [4] 5] Trademark Act, 1999, §2, No. 6] Laxmikant V.

Trademark 81

Trademark Registration Intellectual Property Intellectual Property Law 81

IP and Legal Filings

JANUARY 26, 2023

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Notwithstanding the essence of this finding, this is too narrow an interpretation of the true spirit of trademark law. NLSI Rev 67, 73 (2010). [11]

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Registration Trademark Trademark Law Law 79

Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

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Trademark Registration Registering Trademarks Social Media 105

SpicyIP

FEBRUARY 27, 2024

We have already traversed through Junes , Julys , Augusts , Septembers , Octobers , Novembers , Decembers , and shared some stories like Rahul Cherian’s Legacy, 2010’s International Efforts on Pandemics, Corruption in IP Offices, Law Making via Leaked Documents, etc. It’s the 8th post of this monthly series.

Non-Fungible Tokens 59

Non-Fungible Tokens Copyright Business Moral Rights 59

Erik K Pelton

DECEMBER 28, 2020

Erik Pelton® has been making trademarks bloom since 1999 ® as the founder of Erik M. Pelton & Associates ®, a boutique trademark law firm in Falls Church, Virginia. trademarks for clients and has represented hundreds of parties in trademark disputes. Past issues of Top Trademark Trends: 2019: [link].

Trademark 130

Trademark All Rights Reserved Registration Branding 130

IP and Legal Filings

FEBRUARY 20, 2022

Companies seek to protect the value of their trademarks since they can be quite valuable to the brand. Under trademark law, however, phrases are frequently deemed not to disclose the commercial origin of products or services, which is a trademark’s primary role.

Trademark 54

Trademark Advertising Advertising Registration 54

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. See: Supreme Court 1420/2019; Supreme Court 1215/2019; Supreme Court 415/2018; Supreme Court 1051/2015; Supreme Court 1625/2014; Supreme Court 537/2010; and Supreme Court 4/2022. (3) dishes and seasonings) as works of IP. (1)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

IP and Legal Filings

AUGUST 4, 2023

List of Indian celebrities who have got a trademark registration for their name [non- exhaustive list] The trademark law in India is very clear on the point that a name will only be protected under a trademark when it is used concerning to any product or service and not merely to protect the identity or the brand value of that person.

Trademark 52

Trademark Registration Branding Brands 52

IPilogue

NOVEMBER 17, 2021

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

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Ownership Intellectual Property Artwork Copyright Law 103

IP and Legal Filings

MARCH 28, 2023

In this case, the High Court granted the plaintiff an injunction and declared that anyone who copied a trademark like Mercedes-Benz would be violating Indian trademark law. Exceptions As the coin have both the side in the same way the doctrine of dilution of trademark also have some exceptions. 2010 (42) PTC 572 (Del.) [2]

Trademark 71

Trademark Branding Brands Branding 71

The IP Law Blog

FEBRUARY 3, 2022

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. PDO and PGI designations are used for agricultural products that traditionally have been produced in a particular geographic region.

Designs 52

Designs Design Trademark Branding 52

Corsearch

NOVEMBER 15, 2022

Brands and IP owners are closely watching the development of StockX and MetaBirkins lawsuits that may lay the foundation of IP law in the metaverse. The StockX lawsuit may set a legal precedent regarding what kinds of NFTs can be created, while MetaBirkins may clarify how trademark law will be applied to NFTs.

Branding 52

Branding Brands Branding Non-Fungible Tokens 52

SpicyIP

NOVEMBER 8, 2023

So … Prashant’s post was followed by a detailed post on Adwords and Trademark Law cautioning that a traditional interpretation of “use in commerce” could jeopardize the rights of trademark owners, given the evolving business models. Let’s see how it unfolded.

Trademark 59

Trademark Publishing Journalism Copyright 59

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that trademarks was a dead-end. Nevertheless, because adware often provided poor consumer experiences, adware largely fizzled out by 2010. The Silvaco court also cautioned that “the expansion of conversion law to reach intangible property should not be permitted to ‘displace other, more suitable law.’”

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Licensing Copyright Contracts Advertising 87

The IP Law Blog

MARCH 2, 2021

10 According to Fossil, the equity courts historically required plaintiffs to establish willfulness, or its historical equivalent, to obtain a profits award in trademark disputes. But even if the Court put aside these issues, its own survey of the case law was less convincing than Fossil would have had the Court believe.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

IP and Legal Filings

MARCH 7, 2022

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement. The trademark legislation of 1999 protects Indian trademarks. A customer will likely mistake one for the other and believe the restaurant was founded by the fashion house.

Trademark 60

Trademark Law Registering Trademarks Branding 60

IP and Legal Filings

MARCH 7, 2022

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement. The trademark legislation of 1999 protects Indian trademarks. A customer will likely mistake one for the other and believe the restaurant was founded by the fashion house.

Trademark 57

Trademark Law Registering Trademarks Branding 57

IP and Legal Filings

OCTOBER 28, 2023

A fundamental principle of trademark law permits the owner of a well-known trademark to forbid third parties from using it in a manner that would lessen its distinctiveness. In accordance with a provision of trademark law known as trademark dilution, the owner of a brand may. What is Trademark Dilution?

Trademark 75

Trademark Registering Trademarks Trademark Law Branding 75

LexBlog IP

FEBRUARY 3, 2022

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. PDO and PGI designations are used for agricultural products that traditionally have been produced in a particular geographic region.

Designs 40

Designs Design Branding Brands 40

Copyright Lately

JUNE 6, 2022

It is possible for a song title to be protected under trademark law in certain circumstances, but it’s not easy. The 2010 Bayoubuzz interview may give us a clue. During his 2010 interview with Bayoubuzz , Vance seemed to recognize and take pride in that accomplishment, as well he should.

Copyright 83

Copyright Copyright Infringement Music Social Media 83

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

In 2010, the Second Circuit issued a watershed decision about secondary trademark infringement. Trademark owners will weaponize that ambiguity. The Lanham Act doesn’t preempt state trademark laws, so this law isn’t likely to preempt any state law equivalents. Overturning Tiffany v.

Trademark 135

Trademark False Advertising Advertising Advertising 135

Intepat

MAY 12, 2023

According to the report, the unit of sales of the Honda brand in 2010 in the target market was considerably lesser despite efforts to improve and improvise their brand strategy. On September 21, 2010, the Trademark (Amendment) Act, 2010 , was introduced to bring into action the system of the Madrid Protocol in India.

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Registration Branding Brands Branding 52

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).

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Trademark Registration Music Intellectual Property 52