LexBlog IP

SEPTEMBER 15, 2021

Deckers ) filed a lawsuit against Sydney-based footwear company, Australian Leather Pty Ltd ( Australian Leather ) for trademark infringement, the U.S. Trademarks that are distinctive, and therefore eligible for protection in one country, may have a generic meaning and therefore not be registrable or enforceable in another.

Trademark 52

Trademark Registration Branding Brands 52

IP and Legal Filings

AUGUST 14, 2023

In disputes arising out of the latter, first, preliminary ABC issues must deal with- A pplication of Foreign Judgements, B asis of Jurisdiction and C hoice of Law. Application of Foreign Judgements determines whether judgements from different nations can be enforceable in the current dispute.

Copyright Infringement 52

Copyright Infringement Law Copyright Intellectual Property 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- 1- Booking.com B.V

Registering Trademarks 119

Registering Trademarks Trademark Advertising Advertising 119

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

LexBlog IP

JULY 8, 2021

A Section 1(b) Intent-to-Use trademark application means that a person or legal entity has a “ bona fide ” intent to use the trademark “in commerce” in the near future. The Two Common Trademark Applications: 1(a) Use in Commerce vs. 1(b) Intent-to-Use. Pros and Cons to Filing an Intent-to-Use Trademark Application.

Trademark 52

Trademark Registration Web Development Advertising 52

Technology & Marketing Law Blog

SEPTEMBER 28, 2021

Instead of protecting consumers, this bill gives trademark owners absolute control over online marketplaces by overturning Tiffany v. Because the bill makes it impossible for online marketplaces to avoid contributory trademark liability, this bill will drive most or all online marketplaces out of the industry.

Trademark 136

Trademark False Advertising Advertising Advertising 136

LexBlog IP

DECEMBER 21, 2021

The Trademark Modernization Act of 2020 (“TMA”) becomes effective on December 27, 2021 and makes several important amendments to federal trademark law (the Lanham Act) intended to modernize trademark application examinations and clean house of trademark registrations for marks not used in commerce.

Trademark 40

Trademark Registration Intellectual Property Litigation 40

LexBlog IP

JULY 10, 2023

Infringing use of trademarks or engaging in acts of unfair competition “in commerce” within the U.S. In cases involving both domestic and foreign activities, the crucial factor is whether the conduct relevant to the statute’s focus occurred within the U.S. See Hetronic International, Inc. Abitron Austria GmbH, 10 F.4th

Advertising 40

Advertising Advertising Trademark Branding 40

Biswajit Sarkar Copyright Blog

JANUARY 19, 2022

In that case, Google was using the plaintiff’s (Bharatmatrimony) trademark for advertising the websites of other matrimonial sites. In this article, I would discuss how Indian courts have protected domain names over the years in the context of this recent judgment. This is because there were several factual questions in dispute.

Registration 52

Registration Trademark Cinema Business 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! As an IP enthusiast, the author perceives this as a trademark matter. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. By Dr. (Prof.)

Trademark 45

Trademark Registering Trademarks Trademark Law Intellectual Property Law 45

IP Tech Blog

AUGUST 22, 2022

Fashion brands, for example, are filing trademark applications in the US, Japan and the EU to secure protection for the use of their brands on digital projections of their apparel, shoes and accessories that are transacted in the Metaverse. Are they protectable by design patents? Other countries are lagging behind.

Design Patent 57

Design Patent Designs Design Patent 57

Intepat

DECEMBER 4, 2023

In the competitive world of business, trademarks play a pivotal role in distinguishing one company’s goods or services from another. 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.

Registration 52

Registration Trademark Contracts Advertising 52

Intepat

JUNE 12, 2023

These have been termed as ‘trademarks’ in the legal parlance. Therefore, it is only natural that these trademarks are protected by the legal framework, which comes into play when such trademarks are registered with the relevant governmental authority of the country.

Registration 52

Registration Trademark Contracts Intellectual Property 52

The IP Law Blog

JANUARY 12, 2023

This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. . As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

JANUARY 2, 2022

We’ve tried to represent a diversity of subject matter also in this list, so we have a fair sprinkling of cases dealing with copyright, patents, trademarks, competition law etc. The case clarifies that the bar on arbitrability of trademark disputes is not an absolute one. Golden Tobacco Ltd [Delhi High Court].

IP 143

IP Intellectual Property Copyright Trademark 143

Technology & Marketing Law Blog

JULY 17, 2023

the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). In addition, the opinion has important ramifications for domestic trademark law through its identification of “use in commerce” as the actionable domestic conduct. The same is true even in trademark treaties.

Trademark 69

Trademark Blogging Litigation Law 69

LexBlog IP

JANUARY 12, 2023

This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets. As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets.

IP 52

IP Intellectual Property Social Media Cease and Desist 52

The TTABlog

MAY 8, 2023

Unsurprisingly, the Board dismissed Professor Rebecca Curtin's opposition to registration of the mark RAPUNZEL for dolls and toy figures, finding that Curtin, as a mere consumer of fairytale-themed products, failed to prove her entitlement to a statutory cause of action. Rebecca Curtin v, United Trademark Holdings, Inc. 2020), cert.

Registration 40

Registration False Advertising Trademark Business 40

The TTABlog

JANUARY 2, 2024

Fails to Function as a Trademark for Ornamental Novelty Pins, Says TTAB Precedential No. 30: TTAB Grants Motion for Leave to Take Foreign Discovery Depositions by Videoconference CAFC Decisions: CAFC Hears Oral Argument in In Re Chestek PLLC, the "Where Do You Sleep at Night?" KEEP AMERICA GREAT!

Registration 70

Registration Designs Design Reporting 70

LexBlog IP

NOVEMBER 30, 2022

In fact, that case also found that the pictures of such food, in that case, did not merit copyright protection either. Since my 2017 article, there seems to have been great attention paid by legal commentators to efforts to protect recipes. In 2021, Andrea Borroni wrote the perceptively punctuated Protecting Recipes?

IP 52

IP Intellectual Property Fair Use Trademark 52

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. The Court delineated instances like parody and satire where free speech in the context of well-known persons may be protected. the licensee.

IP 124

IP Copyright Trademark Intellectual Property 124

43(B)log

AUGUST 11, 2021

We coded extrinsic analysis as prong two when it focused on protectable expression. Panel 18 – Trademark Liability: Jake Linford, Justin Sevier, Allyson Willis, Sex, Drugs, and Trademark Tarnishmyths Sex/drugs inherently tarnishing? So there are issues about what even constitutes confusion or dilution!

Trademark 72

Trademark Copyright Branding Brands 72