LexBlog IP

FEBRUARY 7, 2024

It includes many rules, several of them directed at the language of business in Quebec, and some regarding the use of French on both product packaging and signage/advertising. Presently, all product labelling and commercial signs appearing in Quebec must be in French – but the Charter provides certain exceptions for trademarks.

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Registering Trademarks Advertising Advertising Social Media 52

SpicyIP

MAY 2, 2022

We’re pleased to bring you a timely guest post by Sangita Sharma on a recent order by the Delhi High Court, on the usage of a competitor’s registered trademarks as keywords or adwords. The plaintiff filed the suit seeking protection of its various registered trademarks used by Defendant No.1- Defendant no.

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Registering Trademarks Trademark Advertising Advertising 119

SpicyIP

AUGUST 31, 2023

Recently, there has been an increase in the number of advertisements on social media for perfumes that offer the same fragrance as a luxury one at a reasonably affordable rate. Image from here Smells like Luxury, Does it cost a Trademark Battle? We will explore the relevance of this further ahead in this post.

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Trademark Advertising Advertising Branding 111

IP and Legal Filings

MARCH 5, 2024

The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement. Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising.

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Trademark Social Media Advertising Advertising 87

43(B)log

APRIL 29, 2022

Hawrych’s name, likeness, and trademark (‘Hawrych MD’) in various advertisements.” It was not enough to allege that the marketing materials were “misleading as to his present involvement.” Thus, the false advertising claim would be dismissed. The allegations related to the use of “M.D.” Hawrych” and “Dr.

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

SpicyIP

MARCH 10, 2024

Facts of the Case In this case, the Plaintiff, an incorporated company engaged in the manufacturing of dairy products under the trademark ‘NOVA,’ filed a suit against the Defendants for infringement and passing off of their registered trademark.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute. Ltd vs Google India Pvt.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Canadian Intellectual Property Blog

JUNE 22, 2022

Bill 96 will have a significant impact on the use of English trademarks in the Province of Québec. For example, whereas in the past, both unregistered and registered trademarks did not need to be translated into French, under Bill 96, only registered trademarks will be exempt from translation into French.

Trademark Law 52

Trademark Law Trademark Law Registering Trademarks 52

IP Tech Blog

AUGUST 17, 2022

In particular, Tsingtao alleged that such use of its registered trademark created in the relevant users the impression that the small breweries’ beer and brand was somewhat related to Tsingtao Beer. 7) causing harm to other’s exclusive rights to use registered trademarks.”. 57 of the Trademark Law.

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Trademark Registering Trademarks Art Cease and Desist 104

IP and Legal Filings

SEPTEMBER 19, 2023

If there are no oppositions, or if the opposition is unsuccessful, the trademark will be registered, and a certificate of registration will be issued. A registered trademark is valid for a period of 10 years, after which it can be renewed for additional 10-year periods.

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Trademark Intellectual Property Registration Registering Trademarks 87

IPilogue

FEBRUARY 28, 2022

However, the fate of the Gruyère trademark in Canada is still up in the air. Without a registered trademark, Gruyère producers expose themselves to the risk of dispute that may lead to a long and costly legal battle in Canada. As a result, this application has remained as “advertised” since November 1, 1995.

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Trademark Registering Trademarks Intellectual Property Advertising 106

IPilogue

MARCH 20, 2023

On November 2, 2022, the Ontario Superior Court of Justice ruled that goodwill does not exist when the registered trademark has not been used. v 2788610 Ontario Inc (“ Bhagwani ”) upheld trademark principles which state that an enforceable right does not exist on the mere filing of a trademark application absent use of the mark.

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Trademark Social Media Registering Trademarks Trademark Law 105

IIPRD

JANUARY 6, 2023

However, the protection of a trademark has always been important for a firm since it is closely associated with the identification of a product but in the present scenario of social media culture, the risk of trademark infringement has increased to a large extent. c) is against the reputation of the trademark”.

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Social Media Trademark Advertising Advertising 52

SpicyIP

NOVEMBER 7, 2022

However, the patent on Apaxiban expired in September 2022 and via the present order, the court ruled that “ there can be no injunction on the manufactured stock lying with the Defendants, from being sold as on date. ”. The court relied on its previous orders which dealt with identical facts and had ordered for advertisement therein.

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Patent Prosecution Invention Journalism IP 111

IP and Legal Filings

MAY 17, 2024

A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. Daler Mehendi, a known singer and the plaintiff in the present case, had a registered trademark over the letters “DM” and established a business called “D.M. Entertainment v.

Personality Rights 74

Personality Rights Intellectual Property Social Media Intellectual Property Law 74

SpicyIP

MARCH 25, 2024

Should the seemingly fraudulent behavior be taken in jest or be considered as a blatant misuse of the Michelin trademark— word and symbol? The present post is devoted to this latter question. And more importantly, what kind of mark is a Michelin Star, which was the ultimate goal of this ‘manifestation’ attempt?

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Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name.

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43(B)log

DECEMBER 28, 2022

incorporation of documents into the complaint by reference, both often significant in false advertising cases. The Ninth Circuit allows standing for injunctive relief where there’s a plausible threat of future harm from desire to purchase the product plus inability to rely on the advertising or labeling.

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Branding Brands Branding False Advertising 59

IP and Legal Filings

JANUARY 31, 2023

The gaming and metaverse platform Roblox helped Gucci develop a variety of immersive themed locations that were inspired by the brand’s various advertising campaigns. Expansion of Legal Protections By deterring imitated products, trademarks safeguard a company’s identity and the image of its brand(s), especially in the Metaverse.

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Law Branding Brands Branding 85

43(B)log

JANUARY 5, 2024

Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength.

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Branding Brands Branding Marketing 59

43(B)log

JUNE 26, 2023

A&E also greenlit spinoffs: Live PD: Rewind, Live PD: Police Patrol, Live PD: Roll Call, Live PD Presents: Women on Patrol, Live PD Presents: PD Cam, Live Rescue, Live PD Presents: Top Ten Police Vehicles, and Live PD: Wanted. I’m dubious about whether airtime is an element of the work.

Social Media 59

Social Media Copying Fair Use Advertising 59

Selvam & Selvam Blog

MARCH 28, 2022

Section 142 of the Act categorizes threats as circulars, advertisements or other similar means served on the other party. A reading of the statute indicates that this provision focuses on registered trademarks and the related infringement. However, in the case of Dolphin Laboratories Pvt.

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Cease and Desist Trademark Due Diligence Intellectual Property 40

Intepat

DECEMBER 4, 2023

WIPO underscores the inclusivity of the UDRP process, accommodating both registered and unregistered trademarks, thereby covering a broad spectrum of intellectual property rights. Nationally or regionally registered trademarks automatically confer standing for filing a UDRP case.

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Intellectual Property Registration Trademark Due Diligence 52

Kashishipr

JULY 13, 2022

Sometimes, AR and VR are used in overlapping ways; however, the two terms present unique and different issues in the IP world. The same may, in turn, create confusion in the minds of the consumers concerning whether the physical business sponsors or promotes the virtual advertisement.

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Intellectual Property IP Copyright Infringement Copyright 72

LexBlog IP

FEBRUARY 26, 2023

The first trademark registered under this system was a Bass Brewery’s red triangle in 1876. The red triangle was chosen because it was easily recognizable and stood out on advertising materials. However, trademark protection in the U.S.

Trademark 52

Trademark Designs Design Journalism 52

IIPRD

AUGUST 4, 2022

The Bombay High Court noted two major difficulties in the landmark decision Marico Limited versus Abhijeet Bhansali : The court ruled that the defendant (a YouTube.com video producer) cannot disclose deceptive material to degrade the plaintiff’s goods while claiming to be teaching or presenting the truth to the public.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

IP and Legal Filings

MARCH 5, 2023

The plaintiff sent warnings to the defendants requesting that they cease selling or offering for sale their projects under the mark “RPG” and sign an agreement promising not to infringe on the plaintiff’s trademarks in the future. Yet, the accused did not respond.

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Trademark Registration Business Social Media 52

43(B)log

FEBRUARY 16, 2024

Indeed, in recent years the Supreme Court has repeatedly emphasized the multiple benefits of registration to a trademark claimant, including in the recent cases of Matal v. I’ve left out the parts specific to registered trademarks and the reference to treaties. Tam and Brunetti, striking down various bars on registration.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Kashishipr

JULY 7, 2021

The secret can be technical, like manufacturing processes, pharmaceutical test data, designs, and drawings of computer programs, or it can be commercial, like distribution methods, a list of suppliers and clients, and advertising strategies. It can also be a combination of both.

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Patent Intellectual Property Invention Patent Law 105

SpicyIP

FEBRUARY 13, 2023

The court observed that, by the present appeal, the appellants cleverly intended to challenge the injunction order dated October 2021 against which they have not instituted any appeal in 15 months. Delhi High Court directs Registry to advertise KFC’s ‘Chicken Zinger’ trademark. Khan Chacha Hyderabadi Biryani and Ors.

Designs 52

Designs Design Trademark Cease and Desist 52

IP and Legal Filings

FEBRUARY 4, 2022

Plaintiffs saw an advertising for Defendants’ syrup/sharbat, which had the mark ‘DilAfza’ on it and was packaged in deceptively similar ringlet bottles to the ‘RoohAfza’ bottle.As Since 1949, the defendant corporation has been in the business of producing Unani medicines, syrups, and botanical items.

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Registration Trademark Trademark Law Marketing 64

SpicyIP

DECEMBER 11, 2023

Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? Alkem Laboratories Ltd vs Medox Lifesciences & Ors on 4 December, 2023 (Delhi High Court) The plaintiff filed the present suit alleging infringement of its trademark “A To Z” by the defendant’s use of “A 2 Z”.

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Trademark Fair Use Moral Rights Art 103

IP and Legal Filings

OCTOBER 28, 2023

TARNISHMENT Unauthorized use of famous mark which is offensive, inappropriate in connection with a similar mark or trade name.Tarnishmentmainly occurs when the product is contrary to the corporate values of the trademark owner and another form is to offend or criticize the trademark’s owner. “

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Trademark Registering Trademarks Trademark Law Branding 75

SpicyIP

DECEMBER 24, 2023

Other Posts Journey Through “Novembers” on SpicyIP (2005 – Present) Sift through the pages of November(s) posts on SpicyIP in another round of SpicyIP flashbacks by Lokesh. If the Expert Committee, so opines, any senior official may be contacted from CGPDTM, who may also be present before the Exert Committee for rendering assistance.

Registration 52

Registration Trademark Copyright Registering Trademarks 52

Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks reduces the chance of confusion: Trademarks helps in preventing confusion in the minds of consumers by indicating the source and quality of the product, they are intending to use. Sections 9 and 11 of the Trademarks Act, 1999 address the notion of confusion.

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Business Trademark Registration Cease and Desist 52

SpicyIP

DECEMBER 17, 2023

Google Llc vs Makemytrip (India) Private 14 December, 2023 (Delhi High Court) A Single Judge bench of the Court had previously held that the use of trademarks ‘MakeMyTrip’ and ‘MMT’ of the Respondent as keywords by Google in its advertising services would constitute infringement of the Respondent’s mark. DRS Logistics (P.)

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IP Trademark Advertising Advertising 59

IP and Legal Filings

MAY 20, 2022

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. Under The Trademarks Act 1999, a trademark if registered comes to be known as a registered trademark.

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