Intepat

APRIL 9, 2021

Section 29 of the Trademarks Act, 1999 provides that a registered proprietor gets a right to sue any rival trader in cases involving the use of an identical or similar mark regarding identical or similar goods or services in respect of which the mark is registered. PASSING OFF. In the case of Erven Warnink B.V.

Trademark 52

Trademark Registering Trademarks Advertising Advertising 52

43(B)log

FEBRUARY 15, 2022

But we're here for the trademark parts of the case! BoostLash” is a registered trademark for “non-medicated eyelash growth serum.” The court found that WooLash and BoostLash were not confusingly similar and that the keyword advertising was not infringing. Was BoostLash descriptive despite the registration?

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Registering Trademarks Confidentiality Trademark Advertising 72

IP and Legal Filings

JUNE 14, 2023

The expenses associated with trademark registration pale in comparison to this. The quality function of a trademark relates to the assurance of particular positive qualities and subjective values, while the communication function refers to the dissemination of the trademark image to and among customers through advertising.

Marketing 52

Marketing Marketing Intellectual Property Branding 52

Kashishipr

AUGUST 24, 2022

Here in this article, we shall shed light on the relationship between Trademark Law and the hospitality sector in India. Relationship between Trademark Law & the Hospitality Industry. Hotels and restaurants must get their brand names and logos registered as trademarks for the ease of operating a business in India.

Trademark 52

Trademark Branding Brands Branding 52

Kashishipr

AUGUST 17, 2022

When it comes to promoting, marketing, and advertising, social media is one of the most effective and powerful ways. It currently accounts for about 15% of the entire revenue spent on global advertising. Remember, posting content that contains someone else’s logo, product name, or trademark may infringe upon their IPRs.

Social Media 52

Social Media Intellectual Property Registration Branding 52

Kashishipr

JUNE 4, 2021

QR codes originated in the automotive industry and are now commonly used in advertising, payments, product tracing, and detection of counterfeits, etc. Can we Trademark QR Codes? The Court recognized that QR codes might be regarded as decorative patterns or device marks, both of which are signs that are inherently registrable.

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Trademark Intellectual Property Registration Trademark Law 97

Corsearch

MARCH 13, 2023

Disney still own the copyright on more recent works featuring the character and, most importantly, have protected his name, likeness, and associated imagery by registering trademarks. References [1] [link] [2] [link] [3] [link] The short answer is no.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

LexBlog IP

NOVEMBER 10, 2022

The Court of Rome sets a landmark precedent by granting an injunction against the creator of NFTs displaying images of a football player, reproducing without authorization the registered trademarks owned by Italian football club Juventus FC. Key legal takeaways. The judgement by the Court of Rome is notable in a number of respects.

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Non-Fungible Tokens Trademark Marketing Marketing 52

IP and Legal Filings

MARCH 28, 2023

Introduction The term “trademark dilution” refers to the unauthorised use of, and/or application for, a trademark that is likely to damage an established mark’s distinctiveness. Blurring Tarnishing 1.Blurring Identifying or criticizing or commenting over the mark of the famous goods and services.

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Trademark Branding Brands Branding 69

IP and Legal Filings

SEPTEMBER 21, 2022

The Second Question: How the Trademarks are governed and whether this type of activity violates the said law? Trademarks are governed through the Trademarks Act, 1999 [1]. when the trade name used is similar or identical to the trademark registered. References: [1] The Trademarks Act, 1999. [2]

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Trademark Registering Trademarks Business Marketing 52

LexBlog IP

FEBRUARY 26, 2023

However, the modern concept of trademarks as legally protected intellectual property emerged in the late 19th century. The first trademark registration system was established in the United Kingdom in 1875 with the Trade Marks Registration Act. However, trademark protection in the U.S.

Trademark 52

Trademark Designs Design Journalism 52

SpicyIP

MARCH 25, 2024

In the instant case, though the Michelin Star mark was not specifically used— the Michelin Plate makes it clear that the intended reference is towards the restaurant being Michelin-approved or recommended) leading unaware customers to believe that the service is somehow Michelin-compliant or is likely to be in the future.

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Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

43(B)log

DECEMBER 28, 2022

incorporation of documents into the complaint by reference, both often significant in false advertising cases. Judicial notice deals with essentially uncontrovertible facts, while incorporation by reference is “a judicially-created doctrine that treats certain documents as though they are part of the complaint itself.”

Branding 59

Branding Brands Branding False Advertising 59

IIPRD

NOVEMBER 22, 2023

Ensuring Compliances of IP laws Trademarks and logos: On media platforms, names and emblems are commonly used to advertise companies and services, both visually and orally. References [link] [link] [link] The post IP rights for social media Influencers and content creators first appeared on IIPRD.

Social Media 59

Social Media IP Intellectual Property Copying 59

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

IP and Legal Filings

MARCH 5, 2023

Riju Ghoshal, 2022 SCC OnLine Bom 626 acknowledged that the plaintiff’s “RPG” marks have grown to be recognised trademarks under Section 2(1)(zg) of the Act. The plaintiff had been utilising the RPG Enterprises Logo (Label) since 1987 and was the registered copyright owner of that logo in India.

Trademark 52

Trademark Registration Business Social Media 52

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.

Trademark 52

Trademark Designs Design Marketing 52

Kashishipr

JULY 13, 2022

On the other hand, VR refers to a way of generating realistic sounds, images, and other sensations leading people to the middle of an imaginary world. The copyright-related questions arise with the extent to which the content in the AR field shall be registrable. It is the primary technology of the metaverse.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

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 Plaintiffs have Class 32 registrations as well. Vardhman Properties Ltd., In this case, the situation is exactly the same.

Registration 62

Registration Trademark Trademark Law Marketing 62

Kashishipr

SEPTEMBER 22, 2021

Licensing involves permitted use by a person on his goods or services of a trademark belonging to a proprietor, provided the proprietor exercises the quality control and authorizes the application of the trademark on such goods and services. What is Trademark Licensing? His exclusive ownership of the trademark rights.

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Licensing Trademark Branding Brands 105

Selvam & Selvam Blog

MARCH 28, 2022

However, BigBasket’s threats and allegations are arguably groundless and the recourse against the same would be through Section 142 of the Trade Marks Act, 1999 (hereinafter referred to as ‘the Act’). Section 142 of the Act categorizes threats as circulars, advertisements or other similar means served on the other party.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

azrights

OCTOBER 27, 2021

Secondly, once they had their new bottle design, they made strategic use of the available IP protections by registering the design of the bottle shape (called a design patent in the US). This initial design registration gave the company a way to preserve the uniqueness of the shape to the Coca Cola brand.

Branding 52

Branding Brands Branding Copying 52

43(B)log

FEBRUARY 16, 2024

As you may or may not recall, §32 of the Lanham Act provides for a cause of action for infringement of registered marks; courts have read 43(a) to provide a similar cause of action for “unregistered marks”—matter that is not registered with the PTO but serves a trademark function of indicating source. Then, in Lexmark v.

Trademark 59

Trademark Fair Use Registration False Advertising 59

Intepat

DECEMBER 4, 2023

These legal identifiers are commonly known as ‘trademarks,’ serving as a critical tool for establishing a unique identity, reputation, and goodwill for a business entity. The legal protection of these trademarks is contingent upon their registration with the relevant government authority, such as the Trade Marks Registry in India.

Registration 52

Registration Trademark Contracts Advertising 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. It takes years for them to get registration.

Business 52

Business Trademark Registration Cease and Desist 52

Kashishipr

MAY 4, 2022

Furthermore, inconsistent or improper use of a trademark can obstruct its owner’s ability to enforce the trademark rights in a given brand. Have Proper Symbols of Trademark Registration & Ownership. If you have a registered trademark in place, you should use the ‘®’ symbol.

Social Media 105

Social Media Trademark Cease and Desist Registering Trademarks 105

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. “ PHILIP MORRIS PRODUCTS SA & ORS.2010

Trademark 73

Trademark Registering Trademarks Trademark Law Branding 73

43(B)log

APRIL 15, 2024

GMP owns two federally registered trademarks: the “GOOD MEAT” standard character mark and the “GOOD MEAT BREAKDOWN” design mark. The court denies a preliminary injunction on the trademark claims based on lack of likely success on the merits, but declines to dismiss either infringement or false advertising claims.

False Advertising 64

False Advertising Advertising Advertising Marketing 64

The TTABlog

JANUARY 9, 2024

Evidence of third-party multi-colored cereals and Internet references to "rainbow-colored" cereals undermined Post's claim of acquired distinctiveness. The Board pointed out that the application drawing "depicts the mark to be registered." Trademark Rule 2.52.

Advertising 73

Advertising Advertising Registering Trademarks Trademark 73

Kashishipr

AUGUST 3, 2022

Whether you are considering filing your first Trademark Application or you own plenty of Registered Trademarks , you must know and understand that the first step to getting your trademark is distinctiveness. What is Trademark Distinctiveness & Why Does it Matter? For instance, Xerox is a made-up word.

Trademark 52

Trademark Registering Trademarks Registration Branding 52

IIPRD

FEBRUARY 23, 2021

The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. Trademark as Collateral in the US. For a common law trademark, notice of the lender’s security interest is not required to be recorded.

IP 40

IP Intellectual Property Branding Brands 40

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

Kashishipr

SEPTEMBER 8, 2021

However, one should keep in mind that the Trademark Rights arise out of use or maintenance of the exclusive rights concerning some specific products or services. Trademark Registration provides the exclusive rights to the owner to pursue legal action in case of infringement. Scholastic Inc. and John Middleton Co. Final Thoughts.

Trademark 105

Trademark Registration Branding Brands 105

Kashishipr

AUGUST 18, 2021

These intangible assets are often used in collaboration with other marks by the formation of a trademark portfolio, which consists of marks sharing a few characteristics and belonging to one entity. The issue of the distinctiveness of a family of trademarks was brought forth in the case of Pure & Simple Concepts, Inc. Dish Pizza.’

Trademark 105

Trademark Registration Branding Brands 105

Kashishipr

NOVEMBER 3, 2021

Consumers stop referring to the trademark as a proper noun for the brand owner’s product but refer to it as a common noun to mean a product category. Unluckily for the trademark owner, once a trademark becomes generic, it loses its Trademark Protection and becomes available to the public.

Trademark 105

Trademark Branding Brands Branding 105

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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Trademark Service Mark Registration Registering Trademarks 74

SpicyIP

JANUARY 2, 2022

Citing the agreement, the defendant requested the suit to be referred to an arbitration. The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable.

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IP Intellectual Property Copyright Trademark 143