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. Gutman appeared first on 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.

Social Media 81

Social Media Ownership Designs Design 81

SpicyIP

OCTOBER 30, 2023

Regarding non-working, the court pointed to the defendant’s purchase of the products from the plaintiff to hold that the plaintiff commercially exploited its patent by marketing them in India and thus held that the defendant was unable to establish the invalidity of the suit patent.

Patent Infringement 59

Patent Infringement Patent Art Invention 59

Kashishipr

MAY 11, 2022

It aims at promoting the products or services in the marketplace while restricting the competitors from using the trademark and making profits through infringement. It also encourages safeguarding the interests of the traders and consumers in the market. Colgate Palmolive Company vs. Anchor Health & Beauty Care Pvt.

Trademark Law 105

Trademark Law Trademark Law Branding 105

JIPL Online

FEBRUARY 26, 2021

com” at after a generic word, “Booking,” still makes “Booking.com” generic within traditional trademark law [xiv] and (2) the fact consumer identify “Booking.com” doesn’t change the fact that it is still generic and thus ineligible for trademark registration. [xv] 1013, 1015-1016 (2012). xxix] Robert C. Bird & Joel H.

Trademark 98

Trademark Registration Trademark Law Advertising 98

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

43(B)log

DECEMBER 1, 2022

Viacom also engaged a market research company to learn more about “southern beach culture,” which suggested that the term Flora-bama was “either unknown or though [sic] to refer strictly to the bar.” This justification is at least consistent with the core idea of trademark law. Grimaldi, 875 F.2d 2d 994 (2d Cir. 1989) in Univ.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Intepat

MAY 16, 2023

Through various case laws, the scope of publicity rights has been expanded by the Indian judiciary. The Trade Marks Act, 1999 governs trademark law in India and provides for the registration, protection, and enforcement of trademarks. Under this Act, Sec. For instance, in Titan Industries Ltd.

Branding 98

Branding Brands Branding Personality Rights 98

LexBlog IP

AUGUST 30, 2023

1) He made this request on grounds including trademark law and unfair competition law. The third defendant was licensed to produce and market the disputed foods and spices under its own name and at its own expense, paying a fixed fee to the plaintiff for each individual product sold. 5) Supreme Court 484/2020. (6)

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

SpicyIP

NOVEMBER 8, 2023

In an October 2012 post, Kruttika Vijay highlighted the Supreme Court’s concerns over the lack of transparency in clinical trials in India. We must think through these and more solutions and do so sooner rather than later. As Swaraj said, it’s Time to More Seriously Question the Spectre of Copyright in the Realm of Education.

Trademark 59

Trademark Publishing Journalism Copyright 59

Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Further, the court held that the defendant was using and registered the ‘ELVISLY YOURS’ mark and his goods have gained reputation in the market. On the contrary, neither the trademark of the plaintiff had acquired distinctiveness nor has its goods have garnered any secondary meaning in the market. Conclusion.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. Tam and Brunetti, striking down various bars on registration. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

IP and Legal Filings

SEPTEMBER 8, 2021

According to a report by Markets and Markets, the cryptocurrency market is expected to grow from USD 1.6 In a broad sense, blockchain technology can be defined as an open ledger of information that is used to keep a digital record of the transactions that occur in the crypto market. billion in 2021 to USD 2.2

Intellectual Property 66

Intellectual Property Non-Fungible Tokens Copyfraud Contracts 66

SpicyIP

JANUARY 30, 2024

2001) and the Parliamentary Standing Committee on Health and Family Welfare in its 59th report (2012) urged the Ministry of Health to put in place processes to prevent the use of names for drugs that are confusingly similar. The Supreme Court of India (in Cadila Health Care Ltd. vs Cadila Pharmaceuticals Ltd.,

Branding 116

Branding Brands Branding Social Media 116

IP and Legal Filings

FEBRUARY 20, 2024

However, it may be more appropriate to consider trademark law as a comparable framework for comprehending the extent of the personality right. This is called personality merchandising or ” marketing of one’s persona. National Law School of India Review , 31 (1), 125–148. link] Luthra, S. K., & Bakhru, V.

Personality Rights 62

Personality Rights Privacy Social Media Intellectual Property 62

SpicyIP

JANUARY 2, 2022

Both suits were filed before the 2012 amendment to the Copyright Act. Further, given that the 2012 amendment does not have a retrospective effect, the Court held that the amendment has no effect on the legal position. However, later the defendant served a termination notice against which the plaintiff filed this suit.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

SEPTEMBER 29, 2022

They are marketed through different, yet related, channels of trade (sports and entertainment, which were melded together as ESPN’s original name ). Canada— Since the 2012 Federal Court decision in Metro-Goldwyn-Mayer v Attorney General Of Canada ( T-1650-10), sound marks have been registrable in Canada, as noted here ; and.

Trademark 52

Trademark Registration Music Intellectual Property 52

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 Second , it has been argued that the court merely espoused the settled principles of trademark law that ‘common’ names and phrases cannot be monopolized.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

SpicyIP

DECEMBER 30, 2023

The Court reasoned that when the Act was amended in 2012 – internet broadcasting was not alien to India and if the Legislature intended Section 31D to apply to internet broadcasting, it would’ve done so by specifically amending the provision. Meticulous Market Research Pvt. Ltd and Indian Performing Rights Society Ltd.

IP 124

IP Copyright Trademark Intellectual Property 124