SpicyIP

AUGUST 25, 2021

Domex Advertisement: Product Disparagement or Nominative Fair Use? An image of the comparative advertisement launched by Domex, wherein Domex explicitly asks which toilet cleaner fights bad smell for longer and makes a tick mark against Domex, with Harpic as another option next to it. Legal Position on Comparative Advertisement.

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Fair Use Advertising Advertising Branding 105

SpicyIP

JULY 13, 2021

We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Serious Comparative Advertising: Broadening the Definition. It allowed the advertisement but asked the company to remove the reference to the detergent soap. Sangita Sharma.

Advertising 105

Advertising Advertising Branding Brands 105

SpicyIP

AUGUST 22, 2022

We are pleased to bring our readers a guest post by Abhijay Srekanth and Vivek Basanagoudar on interaction of trademarks with free speech. Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute. Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice.

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Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

SpicyIP

MARCH 10, 2024

Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration. His previous posts can be accessed here.

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Trademark Registering Trademarks Registration False Advertising 59

IP and Legal Filings

SEPTEMBER 19, 2023

The process for registering a trademark in India begins with the filing of an application with the Intellectual Property India (IPI), the national trademark office. If the trademark is found to be eligible, it will be published in the Trademarks Journal, and any interested party will have a chance to oppose the registration.

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Trademark Intellectual Property Registration Registering Trademarks 85

IPilogue

FEBRUARY 28, 2022

Interestingly, another battle regarding the Gruyère trademark is happening in North America. Ellis ruled that Gruyère is a generic term for a type of cheese and does not refer solely to cheese from a specific geographic region. However, the fate of the Gruyère trademark in Canada is still up in the air.

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Trademark Registering Trademarks Intellectual Property Advertising 106

IP and Legal Filings

FEBRUARY 16, 2023

Introduction Trademarks may include any distinctive sign or mark that contributes in differentiating goods or services those of the competitors. In order to maintain the owner’s rights, a trademark must be used and periodically renewed; otherwise, the proprietor might lose the validity and the right of enforcing the trademark.

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Trademark Registration Registering Trademarks Advertising 52

Intepat

APRIL 9, 2021

Enforcement of Trademark Rights is ensured through the provision of both civil and criminal remedies. TRADEMARK INFRINGEMENT. Section 29 further provides for the different ways in which who may infringe a trademark and which are as follows-. ? Injunction/ stay against the use of the trademark. ? PASSING OFF.

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Trademark Registering Trademarks Advertising Advertising 52

SpicyIP

MARCH 25, 2024

Sunanda Bharti on the Michelin Stars and its interaction was trademark laws. Image from here Mischief, Manifestation, and the Michelin Trademark! The manager defensively referred to the plaque as a ‘manifestation’ since the plaque referenced ‘Michelin 2025,’ implying an upcoming Michelin award! By Dr. (Prof.)

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Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

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. Additional sorts include trademark dilution and free riding in the EU. This is known as trademark dilution.

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Trademark Branding Brands Branding 69

Kashishipr

SEPTEMBER 22, 2021

A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization. What is Trademark Licensing? Exclusive License.

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Licensing Trademark Branding Brands 105

Selvam & Selvam Blog

OCTOBER 31, 2021

A trademark can be referred to as a recognizable sign, word or symbol that can be used to denote and distinguish a specific product or service from others. Some examples of popular trademarks that have become genericized over time are ‘Cellophane’ tape, ‘Escalator’, ‘Thermos’, and ‘Aspirin’ among so many others.

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Trademark Cease and Desist Registering Trademarks Branding 52

IP and Legal Filings

SEPTEMBER 21, 2022

Now the question arises that how does this practice of AdWords leads to Trademark infringement? Trademarks are the words, symbols or phrases that are legally registered by a company on its name by stating that these things are representing our business and no one can use it further to promote their business.

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Trademark Registering Trademarks Business Marketing 52

Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. This was not the first time the Italian Supreme Court has taken a position on copyright protection for advertising claims.

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Copyright Advertising Advertising Trademark 107

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? However, if you incorporate a QR code into a logo, you can file a Trademark Application to register that logo. Judicial Viewpoint.

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Trademark Intellectual Property Registration Trademark Law 97

LexBlog IP

FEBRUARY 26, 2023

I asked: “ What were the first trademarks? “ ChatGPT replied: The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. However, trademark protection in the U.S.

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Trademark Designs Design Journalism 52

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]

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Public Domain Trademark Copyright Registering Trademarks 52

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Relationship between Trademark Law & the Hospitality Industry. Trademark for the Taj Mahal Palace Hotel.

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Trademark Branding Brands Branding 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. Understanding the Secondary Meaning of Trademark.

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Trademark Designs Design Marketing 52

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties.

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Trademark Fair Use Registration False Advertising 59

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. Background. Key legal takeaways.

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Non-Fungible Tokens Trademark Marketing Marketing 52

Garrigues Blog

SEPTEMBER 29, 2021

Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademark laws and case law have shed some light in this regard. It is common practice in the audiovisual world to be particularly careful with any trademarks displayed on screen.

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Trademark Trademark Law Television Registering Trademarks 52

43(B)log

MARCH 14, 2024

11, 2024) I have a long-running interest in Rule 68 offers of judgment, and this case involves an interaction with false advertising law! This judgment of infringement comes nearly one year to the day after Crocs filed lawsuits against 21 companies alleging infringement of its registered trademark rights in its clog designs. …

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False Advertising Advertising Advertising Branding 59

SpicyIP

MARCH 11, 2024

The Court has dismissed the Special Leave Petition (SLP) filed by MakeMyTrip (MMT) against Google regarding the alleged misuse of MMT’s trademarks as “keywords” in Google Ads. Readers interested in knowing more about this controversy can refer to this post by Sangita Sharma and this post by Vedika Chawla).

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Trademark Registering Trademarks Branding Brands 59

Selvam & Selvam Blog

MARCH 25, 2021

Trademark bullying has always been a cause for concern because it spells out overstepping the line, monopoly and power all in one place most of the times. As the name suggests, trademark bullying happens when a registered trademark owner, without justifiable reason, threatens or tries to threaten another trademark owner with legal action.

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Cease and Desist Trademark Registering Trademarks Business 52

Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Lately, this has been called out as ‘ trademark bullying’ and recently, BigBasket and DailyBasket were involved in a tussle over the word ‘Basket’.

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IP and Legal Filings

JUNE 14, 2023

Introduction It often happens that a company’s trademark is confused with its brand and on top of that, the brand name or trade name. A trade name is a name under which a company pursues its business and needs to be distinguished from the entity’s registered or legal name.

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Marketing Marketing Intellectual Property Branding 52

43(B)log

FEBRUARY 15, 2022

Defendants also allegedly unlawfully used variations of the Boost’s trademark “BoostLash,” as an adword. But we're here for the trademark parts of the case! BoostLash” is a registered trademark for “non-medicated eyelash growth serum.” They allegedly copied Woo’s “business things” for Boost. The products each cost $49.95

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Registering Trademarks Confidentiality Trademark Advertising 72

TorrentFreak

NOVEMBER 9, 2021

Pinoy is the term Filipinos use to refer to Philippine culture and content, including entertainment. Earlier this year, for example, it filed a copyright and trademark infringement complaint against 21 “John Doe” site operators at a federal court in Florida. Finally, the operator of thefilipinochannel.su

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Advertising Advertising Registering Trademarks Trademark 130

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. Entertainment Pvt.

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Personality Rights Intellectual Property Social Media Intellectual Property Law 72

IP and Legal Filings

AUGUST 4, 2022

Black’s Law Dictionary defines intellectual property as “a commercially valuable product of the human intellect, in a concrete or abstract form such as a copyrightable work, a protectable trademark, a patentable invention, or a trade secret.” Trademarks in the Tourism Industry. has registered several trademarks.

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Intellectual Property Law Intellectual Property Law Social Media 75

LexBlog IP

MARCH 24, 2023

The NCAA Men’s Basketball Tournament is a major revenue generator for the NCAA, with millions of dollars in advertising and broadcasting deals at stake. One of the key elements of the NCAA’s intellectual property rights is the trademark for the phrase “March Madness.”

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Branding Brands Branding Cease and Desist 40

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. Domain names are frequently acquired as trademarks. Influencers are capable of executing their IP in addition to registering.

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Social Media IP Intellectual Property Copying 59

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.

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Social Media Intellectual Property Registration Branding 52

43(B)log

DECEMBER 28, 2022

incorporation of documents into the complaint by reference, both often significant in false advertising cases. Barilla asked the court to take judicial notice of front and side-nutrition labels for Barilla-brand pastas as well as documents related to Barilla’s trademark, “Italy’s #1 Brand of Pasta.”

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Branding Brands Branding False Advertising 59

IP and Legal Filings

MARCH 5, 2023

According to the Trade Marks Act of 1999 , the plaintiff was the owner of the registered trade mark “RPG” in Classes 5, 9, 12, 16, and 30. 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.

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Trademark Registration Business Social Media 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. Trademarks. Issues concerning trademarks and unfair competition in the AR field shall be even more diverse. It is the primary technology of the metaverse.

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Intellectual Property IP Copyright Infringement Copyright 72