IP and Legal Filings

OCTOBER 31, 2023

In the United States as well, trademark laws prohibit the trademarking of generic terms because it would give someone a monopoly on a product. Company in 2011 submitted its four trademark applications to the US Patent and Trademark Office (USPTO) for the use of “BOOKING.COM” as a word trademark.

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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. 27] , The Trademark Rules, 2017, Rule 2(2)(k). [28] 28] JAMES MELLOR, KERLY’S LAW OF TRADEMARKS AND TRADENAMES 23 (Sweat & Maxwell, 2011).

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IPilogue

AUGUST 4, 2022

The applicant, Beijing Judian Restaurant Co (“Judian”), has operated restaurants in Vancouver and Richmond since 2018, along with numerous well-known ( served over 5,750,000 customers between 2011 and 2019 ) restaurants in China since 2005. The applicant noted similar provisions in EU and UK trademark law that have been adjudicated.

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IP and Legal Filings

JUNE 26, 2023

However, the extent of protection and applicable principles of trademark law that surround the numeral trademark takes center stage in the discussion. Names like 7-eleven, 5 Star, 7Up, and 99acres resonate with consumers, widely reflecting the innovative use of number as brand identities.

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Erik K Pelton

DECEMBER 28, 2020

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]. 2011: [link]. The firm has registered more than 3,000 U.S. 2018: [link]. 2017: [link].

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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. The European Union recognized the PDO in 2011 in an agreement between the European Union and Switzerland in 2011.

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LexBlog IP

JULY 5, 2023

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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SpicyIP

NOVEMBER 8, 2023

– Once upon a time, as Prashant noted in his October 2011 post, a trademark application was filed, examined, and published within a mere 72 hours at the Chennai Trademarks Registry. Corruption in IP Offices, Anything New? This extraordinary speed raised questions about whether it was super efficiency or super corruption.

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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.

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Technology & Marketing Law Blog

JANUARY 24, 2024

Gutman created a Pinterest account in 2011 and an Instagram account in 2012, shortly after she began working for JLM. 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. Kravitz An Update on PhoneDog v.

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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. 131, 132-133 (2020). [2]

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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. 1045 (2018).

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SpicyIP

MARCH 8, 2023

This results in common claims of ‘disparagement’ in trademark law. The court held that the warnings were not of an unique nature but was mandated under Rules 3(1)(i) and Rule (1)(k) of the IT Rules, 2021 as well as Rule 8 of the IT Rules, 2011 to protect the user against potential threats.

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Technology & Marketing Law Blog

JULY 25, 2021

Aliign “is an event, lifestyle, and apparel company” allegedly with a first trademark use in 2011. Since 2014, they have sold a total of 7 units of apparel (5 of which were bought by the CEO’s friends). lululemon is the well-known yoga gear company.

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Technology & Marketing Law Blog

AUGUST 30, 2023

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. This is fine, but it deviates from courts’ efforts over the years to come up with multi-factor variations specific to keyword advertising.

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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. The European Union recognized the PDO in 2011 in an agreement between the European Union and Switzerland in 2011.

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IP and Legal Filings

MAY 23, 2023

Since trademark law protects domain names against cybersquatting, trafficking and trading, the court granted punitive damages and directed the defendant to transfer the domain name to the plaintiff. 4] (2011) 181 DLT 716. The court further observed that the domain name “arunjaitley.com” had been registered in the bad faith.

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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.

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IPilogue

JANUARY 14, 2022

Our hard-working students and community members published more than twice as many articles than in 2020 and the most articles in a calendar year since 2011. Trademark Law. Parody in Trademarks is No Joke. 2021 was an exciting year for the IPilogue.

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SpicyIP

DECEMBER 12, 2023

316 US 203] “the protection to trademark is the law’s recognition of the psychological functions of the symbols”. Mr. Jacob Jacoby in his article, “The Psychological Foundations of Trademark Law: Secondary Meaning, Generism, Fame, Confusion, Dilution.” states that “The brand names serve as information ‘chunks’.

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SpicyIP

JULY 28, 2023

Indian Trademark Law and Twitter’s Rebranding Decision But a much more thought-provoking discussion and research for IP enthusiasts like us is the scope of protection that can be given to Twitter for this ‘X’ logo in the Indian trademark regime.

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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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Technology & Marketing Law Blog

MARCH 7, 2022

b)(4)(i)(A) (2011). Note, however, that EH101 was not one of the confined designs, so that it was made available to the public in January 2011.). 574 (2011). The same language is now found, with only minor changes, at 37 C.F.R. b)(4) (2021).] 3d at 1196. 3d at 1196. 3d at 1198. 110-617 , at 23 (2008) (emphasis added).

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Technology & Marketing Law Blog

SEPTEMBER 14, 2021

The court starts its trademark analysis nostalgically: “Turn back the clock to the Internet’s nascent age—1999.” Netscape and 2011 Network Automation cases modified it. ” (How about this: let’s not). The court recounts the perennially problematic Brookfield case and how the 2004 Playboy v.

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IP and Legal Filings

FEBRUARY 7, 2023

Although Indian courts have not yet considered issues involving trade mark rights in the Metaverse, several aspects of the Metaverse, such as blockchain and cryptography, have been examined within the framework of Indian trademarks law. 181 (2011) DLT 716. [2]

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The IP Law Blog

SEPTEMBER 22, 2022

The district court granted the motion, ruling that P&P had failed to produce evidence “of secondary meaning” because it failed to show that consumers would associate its trade dress specifically with P&P, relying on a 2011 Ninth Circuit case, Fleischer Studios, Inc. P&P appealed the summary judgment ruling to the Ninth Circuit.

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IP and Legal Filings

DECEMBER 6, 2023

Jaitley’s right and pronounced that any person may be restrained from using the names of popular or well-known celebrities, when the particular name is a well-known trademark as envisaged under the basic principles of trademark law and thatcelebrity is entitled to use his name for commercial purposes. 2662/2011 Douglas v.

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