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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] 8] 2011 (48) PTC 235 (Del.) (DB)

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In case you didn’t already know, don’t do anything in bad faith!

IPilogue

That case centered around the issue of whether the applicant’s “JU DIAN & Design Mark” was obtained in bad faith contrary to 18(1)(e) of TMA or was otherwise invalid per 18(1)(b) or 18(1)(d) of the TMA. The following family of JU DIAN character trademarks have been heavily used in China to promote their restaurants. Background.

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Courts Still Have No Clue How to Determine Who Owns Social Media Accounts–JLM v. Gutman

Technology & Marketing Law Blog

This is the latest entry in a long-running legal battle between Hayley Paige Gutman, a bridalwear designer, and JLM Couture, her one-time employer. Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. Kravitz An Update on PhoneDog v. Spartz, Inc. Christou v.

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

The IP Law Blog

In 2013, Interprofession du Gruyère, sought and received from the USPTO a certification mark for a design with stylized font, for the letters “AOC”, a Swiss cross, and the words “LE GRUYÈRE SWITZERLAND.” This protected designation was superseded by adoption of the Protected Designation of Origin (“PDO”) for GRUYÈRE in 2001.

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Can Braille Be Registered As a Trademark?

IP and Legal Filings

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. Komal, Protection of non-traditional Trademarks: Issues and the Road Ahead, 11(2) TUCOMAT 695, 697 (2020). [2] 5] Trademark Act, 1999, §2, No.

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U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)

Technology & Marketing Law Blog

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” A Google search turns up three different pairs of designs with differing degrees of similarity. b)(4)(i)(A) (2011). Factual and Procedural Background. 3d 1194 , 1196 (9th Cir.

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The Supreme Court Limits the Extraterritorial Reach of the Lanham Act

LexBlog IP

On June 29, 2023, the Supreme Court adopted a restrictive view of the extraterritorial application of the Lanham Act, holding that federal trademark law cannot support a claim for trademark infringement against solely foreign conduct. The case is Abitron Austria GmbH v. Hetronic International, Inc.