Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Personal Names As Trademark.

Trademark 52

Trademark Registering Trademarks Registration Licensing 52

More Than Your Mark

AUGUST 20, 2021

If you have invented a 3-D printed product or have a new printing process, remember to consult an intellectual property lawyer before marketing it. 3-D Printing and Copyrights, Patents, or Trademarks. Trademarks. An example of this is a 2014 initiative by Hasbro, Inc. , Copyrights.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

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. commerce, meaning that profits lost to trademark infringers abroad cannot be recovered in U.S.

Trademark 52

Trademark Marketing Marketing Contracts 52

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 ). I am unaware of any reported comparison, but I did find the latter compared to a toilet flushing and have seen the former’s trademark suffer indignities at times too ).

Trademark 52

Trademark Registration Music Intellectual Property 52

IP and Legal Filings

AUGUST 23, 2023

China Bistro/ ” mark against the plaintiff’s trademark “China Bistro/ ”. The single bench, using the trite law of essential features and the average consumer test, reached the conclusion of infringement under §29(2) of the Trademarks Act, 1999 (‘Act’). [2] 2014 (57) PTC 617 (Bom); M/S South India Beverage Limited v.

Trademark 88

Trademark Law Marketing Marketing 88

43(B)log

DECEMBER 1, 2022

Grimaldi grounds, the district court’s grant of summary judgment to MTV on the resulting trademark claims. Chesney also performed on the Lounge’s beachfront stage at a 2014 concert broadcast as “Kenny Chesney: Live at the Flora-Bama” on Country Music Television (CMT), a Viacom channel. The court of appeals affirms, on Rogers v.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

Technology & Marketing Law Blog

MARCH 10, 2022

1459 (2014); Zoe Argento, Whose Social Network Account? The claims were unsuccessful, and I speculated that the church may have had better luck if it had a viable trademark or a contract claim, neither of which it had. One wonders how a domain name would fare under Maryland law. Social Media and Trademark Law” Talk Notes.

Social Media 80

Social Media Contracts Ownership Business 80

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.

Intellectual Property 52

Intellectual Property Moral Rights Related Rights Art 52

SpicyIP

OCTOBER 23, 2023

Turtle ” order opining that use of a mark to pass a critical comment will not amount to an infringement of the trademark. Sitting as an appellate judge, alongside another judge, Justice Bhat in the year 2014 expressly over-ruled the precedent in Times Incorporated that had granted legitimacy to the practice of granting punitive damages.

Intellectual Property 52

Intellectual Property Government Law IP 52

Copyright Lately

AUGUST 2, 2022

Multiple times throughout June and July 2022, Netflix informed Barlow & Bear’s lawyers that their July 26 performance wasn’t authorized and would give rise to claims for willful copyright and trademark infringement unless they negotiated a license—which Netflix was willing to do. 1962, 1976 (2014). Netflix disagrees.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

43(B)log

DECEMBER 20, 2022

Plaintiffs also alleged infringement of Monbo’s right of publicity, unjust enrichment, and violations of the Lanham Act and related Maryland trademark law. Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. Trademark etc.

Fair Use 52

Fair Use Trademark Copyright Editing 52

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Patently-O

DECEMBER 12, 2021

Can you register a famous person’s name as your trademark without their consent? Patent and Trademark Office interprets this to mean no, never, no matter what. Lemley, What the Right of Publicity Can Learn from Trademark Law , 58 Stan. The Lanham Act seems to say no, and the U.S. Grimaldi , 875 F.2d Dogan & Mark A.

Registration 69

Registration Government Advertising Advertising 69