JD Supra Law

MARCH 23, 2022

GOODS AND SERVICES IN THE METAVERSE - Recent news articles are replete with references to the proliferation of trademark applications filed with the USPTO by various enterprises and high-profile personalities to register trademarks relevant to the sale of goods and services in the metaverse.

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The IPKat

MAY 11, 2024

Why does the patent use a different name from the registered trademark? These denominations cannot be registered as trademarks - for example, under Article 7.1(m) You wouldn't know it from the recent press releases, but the patent specification indicates that the name of the variety is actually ‘Vintage Ruby’.

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The TTABlog

MAY 28, 2024

The CAFC affirmed the Board's dismissal of two petitions for cancellation on the ground of lack of entitlement to a statutory cause of action under Section 1064 of the Trademark Act. Indeed, the Supreme Court has long recognized that 'traditional tangible harms,' such as monetary harms, 'readily qualify as concrete injuries under Article III.'"

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Kashishipr

MARCH 30, 2022

It is imperative to have Registered Trademarks in place to have one’s business stand out in the market and create a significant brand value. In India, trademarks are registered, protected, and enforced under the Trademarks Act of 1999 (referred to as the ‘Act’ further in this article).

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Patently-O

MAY 28, 2024

The Lanham Act provides for cancellation of registered trademarks by petitioners who believe they are damaged by the registration. 1064 allows cancellations by “any person who believes that he is or will be damaged” by the registered mark.

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Kashishipr

AUGUST 10, 2021

Domain names are granted on a ‘first come, first served’ basis, and the registration is inexpensive and convenient. The dispute of domain name is a conflict that arises when more than one individual or group believes that they have the right to register a particular domain name.

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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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Plagiarism Today

OCTOBER 26, 2021

Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . First, design elements that are “physically or conceptually separate” from the article can be protected. Trademark infringement, however, isn’t like copyright. Copyright Office.

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43(B)log

AUGUST 19, 2021

It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. Zamfir alleged that CasperLabs had agreed to register the marks on his behalf and to transfer the marks to him, but didn’t do so; CasperLabs denied any such agreement.

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The IPKat

NOVEMBER 30, 2023

What does it offer for holders of well-known (famous) trademarks? by Javohir Kurbonov and Khalil Jurayev In the realm of intellectual property, the undue registration of well-known trademarks poses significant challenges to the owners.

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Kashishipr

JUNE 22, 2022

In India, the Trademarks Act of 1999 (referred to as ‘Act’ further in this article) forms the legal basis for Trademark Registration , protection, and enforcement. Any individual or entity can file an opposition against the proposed trademark published in the trademark journal.

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IP and Legal Filings

OCTOBER 28, 2022

registration requirements. Additionally, pursuant to Article 25 of the ITE Law, electronic information and electronic documents formed into an intellectual work, internet site or intellectual work contained therein are protected by intellectual property rights. Trademark: NFTs may also be protected as a trademark.

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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. 57 of the Chinese Trademark law. 7) causing harm to other’s exclusive rights to use registered trademarks.”.

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SpicyIP

SEPTEMBER 13, 2021

I covered the recommendations of the Report which includes reforming Section 3(p) of the Patents Act to incentivize TK-based innovation, creating a proper documentation mechanism to prevent misappropriation of TK, and registration of traditional knowledge as GIs. An article on Scroll.in The Ministry had claimed that 14.2

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Canadian Intellectual Property Blog

JUNE 22, 2022

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. Currently, it takes approximately two years for a trademark application to mature to registration in Canada.

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IP and Legal Filings

NOVEMBER 1, 2023

Although the statute does not consist of this word specifically, an interpretation to Section 29(4) of the act refers to this concept of dilution which states that a trademark should be a well-known trademark and have a reputation in India for the application of this section. Court refused the registration for Philips Co.

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Kashishipr

MAY 18, 2022

The simplest mechanism of achieving the same is through Trademark Registration. The prime purpose of a trademark is to help people identify and recognize the origin or source of a specific product or service. A trademark reflects the source or origin and the quality of the products or services. B) Indirect Infringement .

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Intepat

NOVEMBER 14, 2022

Even when conducting a trademark search, you need to know the “ trademark classification ” and “ trademark classes.” ” The system of trademark classification eases the process of registration of a trademark. Thus, it gives the trademark registration process a definite structure.

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Garrigues Blog

JULY 10, 2023

The use of a trademark is crucial to preserve the rights in the mark. However, whereas in the US the statement of use is essential to maintain the registration, in the EU, it does not exist. However, this article does not seek to lay down the ten commandments of trademark registration and protection.

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Biswajit Sarkar Copyright Blog

JUNE 4, 2023

Whether it’s virtual reality experiences, in-app purchases, or digital assets, protecting your brand and creations with a trademark is essential. In this article, we will explore the process of obtaining a trademark for virtual goods and the importance of seeking guidance from a trademark and patent attorney in India.

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The TTABlog

JANUARY 26, 2023

A recent article by my friend, Bob Cumbow of Miller Nash in Seattle, Washington, caught my eye, and I'm delighted that he allowed me to re-publish it here. I often cringe at use of the word "trademark" as a verb, and Bob's article explains what the problem is. It certainly is not the way you “get” a trademark.

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Intepat

MAY 28, 2024

Prior Registration and Use: Apple Inc. has a history of prior registration and extensive use of its trademark in India, which further solidifies its distinctiveness and exclusivity in the market. However, on the other side, under the Trade-Related Aspects of Intellectual Property Marks Agreement, Article 16.3

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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 precedent set in Consim Info Pvt.

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Patent Trademark Blog

MAY 11, 2022

The difference between trademark infringement and counterfeiting is a matter of the extent of copying. Counterfeits are identical or virtually identical to the genuine article. You can then record your registered trademark with US Customs to block the import of infringing goods bearing similar marks.

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The TTABlog

JANUARY 21, 2022

The Federal Circuit should be asking whether an opposer or cancellation petitioner was entitled to bring its case to the Board, not whether it is entitled to bring its case before an Article III court. To be clear, this appeal does not involve the traditional legal notions of Article III standing. See , e.g., Corcamore, LLC v.

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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.

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Corsearch

FEBRUARY 14, 2023

Given the huge commercial opportunity, it is clear to see why there is great demand in trademarks for goods and services linked to the holiday name and others throughout the year. A trademark is not just a means of securing and protecting a brand name, it is also a valuable business asset.

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LexBlog IP

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. 57 of the Chinese Trademark law. 7) causing harm to other’s exclusive rights to use registered trademarks.”

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LexBlog IP

JANUARY 14, 2022

In this article, we share best practices for social media influencers to protect their brand, reputation, and business through trademark registration and prudent use. Jump to: Trademark 101: How can a trademark protect a brand. When should you consider registering for a trademark? This is your name.

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Garrigues Blog

NOVEMBER 6, 2023

The General Court of the European Union recently refused to allow registration of the “BECAUSE THERE IS NO PLANET B” mark for cosmetic products, stationery and other accessories, holding that it lacked the distinctive character required for the general public to identify it as a trademark.

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Garrigues Blog

JULY 6, 2021

There are three requirements that the claimant must prove: The domain name is identical or similar to the point of being able to confuse it with a previous right owned by the applicant; The domain owner has no legitimate rights or interests over the domain name; and, The domain name has been registered or is being used in bad faith.

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SpicyIP

MAY 30, 2024

For a well-known trademark, range of protection extends to dissimilar goods and services as well. In this post, I have briefly discussed the judgement and analyzed what it could mean for the proprietors of well-known trademarks and other proprietors. The mark was published in 2005 and was registered in 2006.

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TraskBritt Intellectual Property

MARCH 18, 2021

Intellectual property law includes patents, trademarks, copyrights, and trade secrets and is an important consideration for any new business. This article will address trademarks and copyrights, but the law firm of TraskBritt can assist with any intellectual property law needs.

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Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” ” They mostly are a licensing organization, and their registrations are in a wide range of classes: “from articles of clothing and snacks to ‘orthopaedic foot cushions’ and ‘[p]atient safety restraints.'”

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IPilogue

OCTOBER 21, 2021

The plot of the new film follows the Bond-movie archetype: the MI6 agent is sent on a crime-fighting mission, working with an attractive woman – a “Bond Girl” – to defeat villains who – and this is the subject of this article – are facially disfigured. . The Bond Movies use of the Disfigurement Trope.

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IP and Legal Filings

SEPTEMBER 21, 2022

, How the Trademarks are governed and Whether this type of activity violates the said law?, In this article we will try to analyse the situation and also seek to find the solutions for these. The First Question: Why Trademarks are so Important for the Business? Trademarks are governed through the Trademarks Act, 1999 [1].

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Kashishipr

JUNE 1, 2022

The Designs Act of 2000 (referred to as ‘Act’ further in this article) governs and deals with the mechanism of registration, protection, and enforcement of industrial designs in India. The articles must belong to the same class in which the industrial design is registered. Calico Printers Association Ltd.

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