Technology & Marketing Law Blog

NOVEMBER 27, 2023

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law The Supreme Court will likely hold in Elster that Section 2(c) is consistent with the First Amendment, but will it clarify how to balance trademark and free speech rights? After the Supreme Court granted cert in Vidal v. Tam (2017) and Iancu v.

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Technology & Marketing Law Blog

JUNE 21, 2023

She writes and teaches in the trademark law area, and recently wrote a paper with Professor Christine Haight Farley that focuses on speech-protective doctrines in trademark infringement law.] The Trademark Infringement Claim A new gateway requirement for application of the Rogers test. 1114(1) or 15 U.S.C.

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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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Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

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Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

Setting aside the aggressive marketing campaign to establish this blue as their signature colour this time around, it is a matter of great debate whether Burberry can attain trademark protection for it. However, to establish the colour as distinctive for a trademark would require a thorough and meticulous strategy even for Gucci.

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Patent Trademark Blog

NOVEMBER 30, 2023

Rejected Trademark Application? Get a Design Patent Instead The path to registering a trademark can be strewn with landmines. When your trademark application faces difficult rejections, would a design patent make more sense? Having difficulty trademarking your brand? Having difficulty trademarking your brand?

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Selvam & Selvam Blog

JULY 28, 2023

the registered owner of the trademark “Chandrika,” in respect of goods covered in class 3, and M/S Mariyas Soaps and Chemicals, the registered owner of the trademark “Chandra” in respect of goods covered in class 3. Can the registered trademark owner seek relief based on passing off?

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Kashishipr

FEBRUARY 9, 2022

In the present highly competitive business environment, understanding the market trends well is imperative for the development, and eventually, the success of a particular product or service. Market research helps come across the already existing inventions that may be similar to the applicant’s invention. .

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Kashishipr

MAY 18, 2022

Being a mixed market, India has many industries operating under the free market concept. Without any doubt, the competition in the Indian markets is exceedingly fierce. For any company to thrive and do exceptionally well in the open market, it must create brand recognition among the general public and enhance the brand value.

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Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

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Kashishipr

MAY 11, 2022

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Law on Color Trademarks in India.

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Kashishipr

JANUARY 5, 2022

The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement , remedies for damaged goods, and modes of transference of a Registered Trademark.

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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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Erik K Pelton

NOVEMBER 3, 2020

I am particularly sensitive to the trademark challenges that small businesses face for several reasons. Pelton & Associates, to advise and counsel others about trademark protection. a great trademark: Marketing department. In the end, only one trademark question matters for businesses. Corporate attorney.

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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. Hence this blog will give you on insight on what all rules need to be followed. Picture Credit: istockphoto].

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Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved. Overview of Trademark Assignment.

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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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Kashishipr

OCTOBER 19, 2022

The Trademark Rights have clearly explained the essentials and attributes of a trademark. A trademark exists in the form of an expression, slogan, or any other sign identifying the services or products of one business and distinguishing them from those of others in the market. Salient Attributes of a Trademark.

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Kashishipr

APRIL 27, 2022

With the increase in globalization and cross-border trade, intriguing types of trademarks are trending and have become a crucial tool to signify a company’s identity. Motion Trademarks in India. The most critical aspect that may be subject to the Trademark Protection of a motion mark is the succession of images in the said mark.

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Kashishipr

NOVEMBER 3, 2021

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. What is Genericide of a Trademark? Genericide of a trademark occurs when it is reduced to a common term identifying a category of products.

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Technology & Marketing Law Blog

JANUARY 2, 2023

Also, did the law ban delivery services from buying keyword ads based on the retailers’ trademarks? June 6, 2022): No initial interest confusion when the plaintiff’s trademark is included in the post-domain name URL. * Plaintiff therefore successfully states its trademark claims. * Compare Left Field Holdings v.

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azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. Use a clear process Consistent use is how an identifier gains recognition through wider exposure, after all.

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IPilogue

FEBRUARY 14, 2022

Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. In 2019, Quebec wine producer Société de Vin Internationale Ltée (“SVI”) faced a copyright and trademark infringement claim raised by its competitor, Constellation Brands U.S.

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Biswajit Sarkar Copyright Blog

JANUARY 10, 2023

What is a registration of trademark? Trademark registration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. Under Section 31 , the registration certificate of the trademark serves as an evidence during infringement lawsuits. Procedure of Registration.

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IPilogue

FEBRUARY 8, 2022

As part of the course requirements, students were asked to write a reflective blog on their internship experience. Trademarks are an excellent way to protect your brand. Unlike patents or copyrights which protect specific products or works, a trademark distinguishes your company from others. a tag line or a logo.

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Kashishipr

APRIL 6, 2022

Sound trademarks are widely recognized in developed nations like the United States, and their knowledge is now rapidly growing in developing nations like India. In India, a sound that can be graphically represented by a succession of musical notes with or without words can obtain Trademark Protection.

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Registration Trademark Intellectual Property Branding 105

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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IP Tech Blog

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Why you need new trademark registrations now. In such cases, a trademark registration in Classes 09, 35, 41 and 42 can be decisive.

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IPilogue

FEBRUARY 28, 2022

Interestingly, another battle regarding the Gruyère trademark is happening in North America. However, the fate of the Gruyère trademark in Canada is still up in the air. However, the fate of the Gruyère trademark in Canada is still up in the air. However, SCU did not give up.

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Kashishipr

AUGUST 18, 2021

What is Meant by a Family of Trademarks? Trademarks are distinctive marks, symbols, or labels used to differentiate goods belonging to one entity from that of another to avoid deception concerning the origin of those goods or services. Characteristics of a Family of Trademarks. I H W Management Limited DBA The Finchley Group.

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Traverse Legal Blog

JULY 14, 2022

There are three distinct elements necessary to establish a trademark infringement claim; use, in commerce and likelihood of confusion. Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue. Were you using your trademark before the alleged infringer?

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Garrigues Blog

OCTOBER 17, 2023

A Supreme Court ruling last 13 July establishes that the mere possession of counterfeit products and their display for sale entails “reputational damage” for the protected trademarks concerned. Additionally, the greater the prestige of a trademark, the greater the level of protection that that sign should deserve to obtain from the courts.

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Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. However, shape marks are not easy to register. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. Representation of the shape marks is shown below: Ferrari’s Trademark Loss.

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Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” As I previously documented , Emojico has likely sued about 10,000 defendants for trademark infringement. The trademark registrations discourage that outcome. TRADEMARK INFRINGEMENT. ]. The court says it.

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IP and Legal Filings

MAY 8, 2024

Introduction The labyrinthine world of trademark disputes often unveils intricate legal debates and subtle nuances, where the discerning eye of the judiciary must navigate through layers of visual, phonetic, and structural intricacies. The plaintiffs have obtained registration in respect of their trademark in Class-33.

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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. The ultimate question in this scenario is, “What makes your products, name, or logo stand out in the market?”

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Kashishipr

JUNE 4, 2021

The relatively new advent allows the marketers to put the barcodes on several different items and allow smartphone users to scan them and discover more information. 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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