Remove 2013 Remove Copying Remove Marketing Remove Registering Trademarks
article thumbnail

A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’

SpicyIP

A Case of ‘Smart Copying’: ‘Peace Maker’ Restrained from Imitating ‘Officer’s Choice’ Do you enjoy your whiskey? A bit of factual background before we move ahead to the legal analysis: Allied Blenders, a liquor manufacturer, has held a registered trademark for ‘OFFICER’S CHOICE PRESTIGE WHISKY’ label since 2013.

Copying 64
article thumbnail

The Recent Trends in Trademark Squatting and Infringement in India

IP and Legal Filings

The law says that it is not compulsory to register a trademark however, a registered trademark enjoys more protection especially under the special provisions for it while unregistered trademarks can only be protected under the common law.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Landmark Trademark Battles: Shaping Brand Protection Globally and in India

IP and Legal Filings

INTRODUCTION Section 29 [1] of the Trademark Act, 1999 , defines infringement as: “Trademarks infringement occurs if an unauthorized party makes use of a registered trademark in a way that is likely to lead to confusion about the origin of the product.”

Brands 97
article thumbnail

Africa IP Highlights #2: The trademarks arena

The IPKat

It had to be decided how the marks would be perceived by the average consumer, in the relevant market, who is reasonably well-informed and observant, taking account of the type of goods and how they are marketed. The plaintiff proved that they were the sole proprietors of the PUMA (symbol), and the PUMA logo trademarks in Kenya.

article thumbnail

Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Industria became aware of Latinfood’s Zenú and Ranchera products sometime between October 2013 and September 2014. Prior import plans in 2010-11 were paused.

article thumbnail

World Intellectual Property Indicators 2020 or how all roads lead to China (ii): trademarks, industrial designs and creative industry  

Garrigues Blog

A very interesting detail revealed in the report, is that WIPO grouped the 45 classes of the Nice Classification into 10 industry sectors in order to see which industries displayed greater interest in seeking trademark protection abroad in 2019. Together with that of 2013, this growth rate is the lowest yearly increase in filings since 2005.

article thumbnail

Time for the 12 O'Clock Boyz to go: court shuts down (c)/TM lawsuit against documentary & feature film about Baltimore bikers

43(B)log

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. The 2001 Documentary “sold 50,000 copies in two weeks and revolutionized the Baltimore dirt-bike culture,” inspiring a sequel and plans to make a third film. Nathan, F.Supp.3d