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Trademark Registration of Political Messages for Expressive Merchandise–In re Elster (Guest Blog Post)

Technology & Marketing Law Blog

By guest blogger Lisa Ramsey , Professor of Law, University of San Diego School of Law. Federal Circuit holds refusal to register a political message for T-shirts violates the First Amendment, but fails to acknowledge that these types of registrations can chill expression.

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Registration of Trademark: The Indian Context

Biswajit Sarkar Copyright Blog

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.

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Protection of Color Trademarks under the Indian Trademark Law

Kashishipr

Under Section 2(1)(zb) of the Act, any word, label, name, device, brand, ticket, signature, heading, letter, numeral, the shape of products, packaging, the combination of colors, or any combination thereof can be registered as a trademark if the same fulfills the criteria of distinctiveness and graphical representation. Final Thoughts.

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Registration of Motion Mark as Trademark in India

Kashishipr

A proposed motion trademark can be made with the help of animations, different computer programs, or any moving object existing around the company. While applying for the Trademark Registration of a motion mark in India, it is essential to ensure that the mark is capable of being depicted on paper. For more visit: [link].

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Distinctiveness in Trademark Law

azrights

Hence Pizza Hut is also a registered trademark. This combination of words with Pizza are sufficiently distinctive to qualify as trademarks, although these registrations do not stop other brands from using the words Hut or Express in their brand names. The post Distinctiveness in Trademark Law appeared first on Azrights.

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U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)

Technology & Marketing Law Blog

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Legal Background: Registration. Unicolors, Inc.

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Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

It further added that an individual could either own a registered trademark or copyright but not both. The argument that copyright protection and trademark registration were two different things and lacked connection and that an individual or entity couldn’t own both was wholly incorrect. Concluding Remarks.