LexBlog IP

APRIL 19, 2023

Exclusive rights over a trademark in Colombia arise from registration. Also, when holding a trademark registration in Colombia, the obligation arises for its owner to use the trademark in commerce, beginning three (3) years from the date when registration was granted.

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Trademark Registration Marketing Marketing 52

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

SpicyIP

OCTOBER 27, 2023

These unethical UI/UX interactions mislead users to perform actions they don’t want, benefiting the company or platform. Forced action is when a company forces consumers to take an action they wouldn’t otherwise, such as signing up for ancillary services or products. Example: ‘No thanks, I hate saving money’ 5.

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Intellectual Property False Advertising Designs Design 52

Intepat

DECEMBER 1, 2023

For both individuals and businesses, trademarks stand as valuable assets, offering protection for unique brands, logos, and slogans. However, there are instances where an individual perceives that a trademark application by another person infringes upon their rights or interests. What is Trademark Opposition?

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Trademark Registering Trademarks Registration Copying 59

IP and Legal Filings

OCTOBER 26, 2023

Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps the consumers in spotting the difference between similar products by educating them about the product which results in informed choices.

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Cease and Desist Trademark Registering Trademarks Business 99

TorrentFreak

AUGUST 12, 2022

What some don’t know is that through the actions of others, they may be paying to access unlicensed software that is no more legal than a download from The Pirate Bay. Products including Microsoft Office, Project, Visio, Windows 10, and Windows 11 are all subject to licensing terms that restrict how the products can be used.

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Copying Licensing Marketing Marketing 103

Intellectual Property Law Blog

MAY 2, 2023

Copyright Office and the U.S. Patent and Trademark Office have developed initiatives to focus on IP issues with AI. Copyrights On March 16, 2023 the Copyright Office issued Guidance on the examination and registration of works that contain material generated by AI technology. Both the U.S.

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Government Business Licensing Copyright 237

The IPKat

NOVEMBER 24, 2022

On October 30, 2013, a German company applied to the German Trade Mark Office (DPMA) for a word mark “Black Friday”. Several of the recipient companies filed actions with the DPMA to invalidate the registration. These actions were based on various claims resting on absolute grounds: lack of distinctiveness (Sec. 8(2)(14)).

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Registration Advertising Advertising Art 117

IP and Legal Filings

SEPTEMBER 14, 2023

In today’s era of eco-branding, wherein trademarks are used to distinguish sustainable brands from the mainstream commercial ones, the latter engage in the practise of “greenwashing”. The preliminary objective of ‘eco-friendly’ is indeed to reverse the detrimental effects on the environment caused by the actions of humanity.

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Branding Brands Branding Trademark 81

Intepat

APRIL 10, 2022

Additionally, trademark registrations for MSMEs are relatively cost-effective. Trademarks help your business to stand out from the crowd where there are so many look-alike products. Let us look into how trademark registration can act as an added advantage to a company registered as MSME. Every trademark is unique.

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Registration Trademark Branding Brands 98

LexBlog IP

AUGUST 23, 2023

Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”) in a pair of precedential decisions published this summer. Provide Context for Advertising Figures Palacio del Rio submitted evidence of the money spent on advertising and the subsequent millions of dollars in sales generated from these promotions.

Designs 52

Designs Design Advertising Advertising 52

IP and Legal Filings

OCTOBER 30, 2023

Conceived by Ruth Handler and named after her own daughter, Barbie has, from its inception, been a driving force behind Mattel’s successful branding efforts, resulting in the sale of over a billion Barbie dolls and the expansion of the franchise into various media, including video games, merchandise, and a live-action movie.

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Trademark Branding Brands Branding 87

SpicyIP

SEPTEMBER 22, 2023

goodwill, misrepresentation, and damage), made an important remark that – if a plaintiff fails to establish goodwill, there’s no need to delve into any other facets to ascertain the plaintiff’s passing-off action. As is observed in several cases, the passing off action is a standard claim in trademark litigations.

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Copyright Infringement Copyright Litigation Advertising 103

43(B)log

APRIL 25, 2023

21, 2023) In two opinions on the same day, the court dealt with various IP/false advertising claims brought by one litter box seller against another. But Whisker is not advancing trademark infringement claims based on those disclaimed marks. Purlife Brands, Inc., 2023 WL 3046592, No. 22-cv-04261-VC (N.D.

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False Advertising Advertising Advertising Social Media 59

IPilogue

OCTOBER 6, 2021

After many years and multiple attempts , the organizers of this spectacular funfair have finally trademarked the term “ Oktoberfest.”. The Uphill Battle of Trademarking the Term “Oktoberfest”. Since 2016, the City of Munich has put forward applications to trademark the term; and ever since 2016, their applications have been rejected.

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Trademark Intellectual Property Advertising Advertising 59

43(B)log

JULY 3, 2023

27, 2023) Industria sued Latinfood for trademark and copyright infringement; Latinfood counterclaimed for tortious interference against Industria and another counterdefendant Cordialsa. Advertisements made for Latinfood Zenú products used the phrase “una deliciosa tradición,” which translates to “a delicious tradition.” Latinfood U.S.

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False Advertising Advertising Advertising Registration 59

LexBlog IP

MAY 30, 2023

Taco Bell — infamously known for their late-night hours and cheesy goodness, has recently filed a petition with the US Patent and Trademark Office to cancel the trademark “Taco Tuesday,” used by their rival chain company Taco John’s for the last 34 years.

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Trademark Business Advertising Advertising 52

SpicyIP

MARCH 30, 2023

The rationale for this order was that the video contravenes section 29(9) of the Trademarks Act and is targeted towards ‘Real’. Thirdly, I will look at the issues of disparagement, the grant of injunction and the cover the possibility of trademark bullying in the present case.

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Trademark Advertising Advertising Intellectual Property 59

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

SpicyIP

MARCH 13, 2023

The Delhi High Court is presently hearing an appeal against an order of the Patent Office rejecting Microsoft’s application titled ‘Reversible 2-Dimensional Pre-/Post- Filtering For Lapped Biorthogonal Transform’, under Section 3(k). Patent office refuses review petition of Sun Pharma for its anti-dengue botanical drug.

Intellectual Property Law 119

Intellectual Property Law Intellectual Property Trademark IP 119

SpicyIP

NOVEMBER 8, 2023

They included stories of the Patent Agent examination, the Indian Innovation Act, the opening of the Trademark database, the presumption of patent validity, and the South Asian Basmati fights and more. Corruption in IP Offices, Anything New? Also, check Joff Wild on the Allegations Against Indian Patent Office.

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Trademark Publishing Journalism Copyright 59

IPilogue

MARCH 6, 2023

On December 26, 2022, the Japanese IP High Court dismissed an appeal from Christian Louboutin (“Louboutin”), a shoe designer known for its iconic red-bottom heels, in its action against Japanese shoe designer, Eizo Collection Co., In April 2015, Japan opened the gate for non-traditional trademarks, including colour, sound, and motion.

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IP Branding Brands Branding 59

Selvam & Selvam Blog

MARCH 30, 2022

The mishap of the Indian Trade Marks Office. Until recently, the Indian Trade Marks Office had been diligently following the due procedure established. The Court, while severely reprimanding the Trade Marks Office, has also issued a directions to the effect, ensuring justice and equity to all applicants. Conclusion.

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Journalism Registration Intellectual Property Trademark 52

43(B)log

DECEMBER 26, 2022

28, 2022) Brick and mortar infringement still exists, and this opinion considers both copyright and trademark claims. for unlawfully manufacturing, importing, advertising, marketing, selling, and distributing unauthorized, counterfeit versions of its popular CAKE brand of hemp-derived Delta-8 products. AKF sued LCF etc.

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Copyright Infringement Branding Brands Branding 59

43(B)log

JUNE 26, 2023

16, 2023) The court refused to dismiss copyright and trademark claims based on copying of a TV show format, including the hosts. REELZ allegedly told advertisers that the “working title” of the show was “PD Live,” and went so far as to announce that “REELZ ADDS #1 TV SHOW TO OUR PROGRAMS LINEUP” with “ALL NEW LIVE EPISODES.”

Social Media 59

Social Media Copying Fair Use Advertising 59

IP and Legal Filings

JULY 5, 2023

Introduction Trademarks are recognised phrases, words, or symbols that designate a certain item and lawfully distinguish it from all other items of the same type. A trademark is a valuable intellectual property that businesses use to differentiate their brand from their competitors’ in the market.

Trademark 59

Trademark Registration Branding Brands 59

SpicyIP

MAY 18, 2022

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse. In the US too, several companies are protecting their trademarks for similar goods and services. Aparajita Lath. Image from here. Application date.

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Non-Fungible Tokens Trademark Artwork Art 122

Intepat

APRIL 10, 2022

Trademark Registration for MSME. Additionally, trademark registrations for MSMEs are relatively cost-effective, and it is a simple trademark process that can be done online. Trademarks help your business stand out from the crowd where many look-alike products exist. Every trademark is unique. Registration fee.

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Registration Trademark Branding Brands 52

Biswajit Sarkar Copyright Blog

AUGUST 30, 2023

A trademark is an instrument using which a business can set itself apart from its competitors. Indicating the goods and services offered by the business, a trademark can be any word, phrase, logo, symbol, combination of colours etc. However, it must be kept in mind that a trademark has to be a visual representation.

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Trademark Intellectual Property Business Branding 52

Intepat

DECEMBER 4, 2023

Introduction In the ever-shifting landscape of the digital era, the surge in domain name registrations has given rise to a critical challenge— domain name disputes, particularly those entangled with cyber squatting and trademark infringements. Nationally or regionally registered trademarks automatically confer standing for filing a UDRP case.

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Intellectual Property Registration Trademark Due Diligence 52

The TTABlog

DECEMBER 29, 2022

Trademark Rule 2.71(a), The Examining Attorney issued a final Office action refusing the amended identification of services as being beyond the scope as originally filed. a), 37 C.F.R. a), provides that: “The applicant may amend the application to clarify or limit, but not to broaden, the identification of goods and/or services.”

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Marketing Marketing Social Media Advertising 70

SpicyIP

NOVEMBER 26, 2023

Glaxo Group Limited vs Naresh Kumar Goyal, Trading on 22 November, 2023 (Delhi High Court) In this case a rectification petition was filed simultaneously with the suit alleging trademark infringement and the defendant took a defence of registration of the impugned mark in the written submission. Filo Edtech Inc vs Union Of India & Anr.

Trademark 59

Trademark Registration Invention Social Media 59

TraskBritt Intellectual Property

MARCH 22, 2021

Trademarks are powerful marketing tools that can help a potential customer not only to recall the associated brand but also to affiliate the words of the trademark with that brand. You may want to trademark a phrase to control how your brand is perceived in the minds of potential customers. Doing this has several advantages.

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Trademark Registration Registering Trademarks Branding 52

43(B)log

JULY 20, 2022

CC has a recent trademark registration for a design mark “consist[ing] of the stylized wording ‘COLOR COPPER.COM”, [with] a diamond shape between the wording ‘COLOR’ and ‘COPPER’ made up of four smaller diamonds, each diamond having a pattern inside of it,” COPPER.COM disclaimed. There’s no written agreement” will do it.] 1” therein.

False Advertising 72

False Advertising Ownership Registration Designs 72

IP and Legal Filings

SEPTEMBER 20, 2023

It prevents the unauthorized use of the design, logos, trademarks etc. History Of Fashion Copyright During the 1800s the root idea for the intellectual property rights was entertained in the Paris Convention to muster up joint action among international jurisdiction. Furthermore, protect it from any kind of misuse.

Designs 92

Designs Design Copyright Copyright Infringement 92

The IPKat

JUNE 27, 2022

On 24 June 2022, BAYC sued Ryder Ripps, a conceptual artist and NFT creator for trade mark infringement, unfair competition, false advertising, cybersquatting and other cause of actions before the Central District of California. This is a U.S Yuga Labs, therefore, still owns the copyright in each NFT.

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Non-Fungible Tokens Contracts Copying Art 135

IP and Legal Filings

MARCH 14, 2022

The plaintiff, Chanel, Inc. (“Chanel”), is an iconic fashion company based in New York known for its luxury fashion products and owns rights to several Chanel and CC monograms trademarks associated with the brand design. 1114(1)(a), false endorsement and unfair competition under 15 U.S.C. Veronique Idea Corp.,

Branding 52

Branding Brands Branding False Advertising 52