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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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An Explorative Study on the Liability of Domain Name Registrars with reference to Trademark Infringement.

IP and Legal Filings

However, the same process does not include any examination or verification to determine whether the domain name is distinctive or capable of distinguishing itself from the competition, i.e., existing domain names that are clearly in violation of trademark law.

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Vans v. FCB: Taking a Look at the Delhi High Court’s Restrictions on the Rights of Well Known Trademarks vis-a-vis Prior Use

SpicyIP

On this, the Court expressly held that the recognition as a well known mark will not give Vans an automatic, unabridged right to apply for rectification of FCB’s trademark. Surabhi is a recent graduate from Hidayatullah National Law University, Raipur. The petitioner then entered the Indian market in 2011.

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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.

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Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

The IP Law Blog

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.

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Court Denies Injunction in Competitive Keyword Ad Lawsuit–Nursing CE Central v. Colibri

Technology & Marketing Law Blog

For example, 9th Circuit courts used the “Internet trinity” factors in the 2000s, and then switched in 2011 to a unique four-factor test from the Network Automation. The litigants directly compete. ” Relatedness of goods. Mark similarity. 1-800 Contacts * Amazon Defeats Lawsuit Over Its Keyword Ad Purchases–Lasoff v.

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

Technology & Marketing Law Blog

Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. I’d love to see an accounting of the time and money the parties have spent on this litigation. Nevertheless, the Supreme Court cases cast a long shadow over future proceedings in this case.