LexBlog IP

APRIL 19, 2023

Sellers need to be aware of competitor patents before introducing a product to the market. “Trade dress” is a subsection of trademark law and protects the design and shape of a product or its packaging, again to identify the source of the product. This can lead to expensive “false marketing” litigation.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

SpicyIP

FEBRUARY 7, 2024

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. Hermes Distillery (P) Ltd. Glass Half-Full, Half-Empty? ’ In the case of Pernod Ricard India Private Limited v.

Copying 64

Copying Trademark Branding Brands 64

43(B)log

JULY 3, 2023

16-6576 (KM) (MAH), 2023 WL 4200169, -- F. 27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Industria De Alimentos Zenu S.A.S. Latinfood U.S. So, did Industria satisfy Lexmark ?

False Advertising 59

False Advertising Advertising Advertising Registration 59

IP and Legal Filings

MAY 17, 2024

In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. 3] CS (COMM) 652 of 2023. [4] Entertainment v.

Personality Rights 72

Personality Rights Intellectual Property Social Media Intellectual Property Law 72

SpicyIP

FEBRUARY 13, 2023

The court further held that “mere international usage of the ‘ALPHARD’ trademark by the Petitioner company is not sufficient to prove spillover of its transnational reputation in India” Delhi High Court grants an interim injunction to the Plaintiff, despite non-use of the mark for 30 years.

Designs 52

Designs Design Trademark Cease and Desist 52

SpicyIP

DECEMBER 5, 2022

The last date to send the entries is January 2, 2023. Delhi High Court decreed the suit in favor of the Plaintiff and inter alia directed the Defendant to assign its trademark ‘Saptrishi Sandhi Sudha India’ in favor of the Plaintiff, as undertaken by it in its affidavit. Case Summaries. on 25 November, 2022 (Delhi High Court).

Trademark 105

Trademark Registering Trademarks Registration IP 105

IIPRD

OCTOBER 14, 2022

Even though traditional banks continue to command the financial market by offering standard operations such as payments, deposits, and credit; they need to understand that now, they are not the only players. With the size of such a market, there is always a high possibility of intellectual stealing in order to maximize profit.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

Copyright Lately

MAY 1, 2023

billion in the first quarter of 2023 , largely driven by successful releases from Morgan Wallen, Taylor Swift, and the aforementioned Drake. ” Michael Nash, April 26, 2023 Again, Nash’s statement is correct as far as it goes. Artists also may own registered trademarks in their names for use as source identifiers.

Music 85

Music Copyright Copying Copyright Law 85

IP and Legal Filings

JANUARY 22, 2023

It is simply the unauthorised use of the exclusive rights associated with a registered trademark without the owner’s or licensees’ consent. They might improperly profit from the well-earned reputation of the registered trademark. On the other hand, Defendant No. 1 is Imperial Cycle Mfg. Defendant No.

Trademark 74

Trademark Registering Trademarks Social Media Business 74

SpicyIP

DECEMBER 24, 2023

vs Mr. Anish Jain Trading as M/s Navkar Cosmo on December 20, 2023 (Delhi High Court) The Plaintiff contended that the Defendants had adopted identical packaging of its products, including eyeliner, kajal and mascara, and had only replaced the Plaintiff’s ‘GET BOLD’ mark with ‘NEW BOLD’, keeping the writing style and artwork identical.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

SpicyIP

FEBRUARY 12, 2024

Introduced to incorporate the Jan Vishwas Act amendments within the Trade Marks Act, the proposed Rules prescribe an adjudication mechanism to hear complaints alleging false representation of a mark as a registered trademark. Read Tejaswini’s post on the recent DHC order concerning these two liquor brands.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

SpicyIP

JANUARY 9, 2023

SpicyIP Tidbit: CGPDTM notifies Trademark and Patent Agent Examinations. In this tidbit , Praharsh informed our readers about the re-notification of the Trademark and Patent Agent Examination 2023. While the Patent Agent Examination took place in 2022, the Trademark Agent Examination is taking place after a gap of 10 years!

Trademark 105

Trademark IP Registration Reporting 105

SpicyIP

DECEMBER 8, 2023

The Delhi High Court, on 30 November 2023, determined that a mark’s global reputation or asserted goodwill alone would not suffice to establish a trans-border reputation claim. Ram Manohar Lohiya National Law University, Lucknow. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law.

Technology 59

Technology Trademark Business Branding 59

SpicyIP

MAY 15, 2023

Deadline for the Applications: 11:59pm IST, 23rd June, 2023. Recently, tech brands Rario and Striker found themselves in a tussle over the exclusive right to use images and names of famous cricket players on their respective Online Fantasy Sports Platform. Case: Holyland Marketing Pvt. on 1 May, 2023 (Delhi High Court Order No.

Trademark 104

Trademark Registration Cease and Desist IP 104

SpicyIP

JANUARY 8, 2024

Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India. Verizon Trademark Services Llc vs Verizone Broadband Services Pvt Ltd.

Trademark 59

Trademark Registering Trademarks Public Domain Registration 59

SpicyIP

AUGUST 30, 2021

and the socio-legal opportunism of the defendants’ arguments for condonable trademark infringement, set in the backdrop of the ongoing global pandemic. s copyright and registered trademark by thrusting its deceptively similar goods and flooding the high-in-demand but low-in-knowhow market, with its imitation products.

Non-Fungible Tokens 105

Non-Fungible Tokens Fair Use Advertising Advertising 105

SpicyIP

FEBRUARY 5, 2023

Highlight of the week Delhi High Court makes a U turn on Secondary Meaning and Acquired Distinctiveness In a spicy turn of events, a division bench of Delhi High Court overruled the earlier order and held that SCHEZWAN CHUTNEY holds secondary significance in the market. Case: Raj Kumar Sharma vs Sandeep Kumar & Anr. 11 th Nov.

Music 119

Music Copyright Trademark IP 119

Technology & Marketing Law Blog

JUNE 21, 2023

Many trademark attorneys and professors hoped the Supreme Court would provide more guidance on how to resolve conflicts between trademark and free speech rights in Jack Daniel’s Properties, Inc. VIP Products LLC, a dispute involving a “Bad Spaniels” dog toy parody of Jack Daniel’s brand of whisky.

Trademark 103

Trademark Blogging Trademark Law Fair Use 103

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Elster and held oral argument on November 1, 2023, most commentators believe—like me —that the Court will reverse the Federal Circuit and hold that Section 2(c) is consistent with the Free Speech Clause of the First Amendment on its face and as applied to Elster’s trademark application. After the Supreme Court granted cert in Vidal v.

Registration 77

Registration Trademark Blogging Law 77