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Concept Of Trademark Bullying: Forceful Enforcement Of Trademark Rights In The Name Of Protection

IP and Legal Filings

The modus operandi of bullying and legal threats which are baseless by large entities gets initiated by serving a cease and desist notice which contains threats of instituting a trademark infringement suit. Conclusion In the world of trademark owners Trademark bullying is a persistent issue.

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Here’s How You Can Maintain Your Trademark Registration in India

Kashishipr

Maintaining a Trademark Registration can indeed be challenging if you aren’t familiar with the Trademark Law. However, there exist some steps and guidelines you can take and follow to ensure your Registered Trademark remains protected and valid. Some Other Crucial Aspects to Keep in Mind.

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Let the Chips Fall Where They May: Hershey Sues Californian Cookie Maker

IPilogue

In response, on August 28, Hershey sent a cease-and-desist order on its Kisses trademark, which led to the September 28 lawsuit. trademark law, a “lack of inherent distinctiveness” is a common reason for the USPTO to reject a trademark registration—so how was the possibly indistinctive Kisses mark registered?

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Surprise! Another 512(f) Claim Fails–Bored Ape Yacht Club v. Ripps

Technology & Marketing Law Blog

.” Most of the opinion discusses the trademark implications of Ripps’ rival NFT collection. With that framing, trademark law protects against the unwanted competition, and the court treats this as an easy rightsowner win. Ripps appeared first on Technology & Marketing Law Blog.

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China: Recycled Packaging and Trademark Infringement, a Questionable Decision in the Tsingtao Beer Case

IP Tech Blog

If, instead, this were a case of trade dress infringement, the right holder would have to file a civil lawsuit under the Unfair Competition Law and prove: a) the notoriety of its product packaging/decoration, b) the infringing act, and c) the damages. 57 of the Chinese Trademark law. 57 of the Trademark Law.

Trademark 104
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Trademark For Business Growth

Biswajit Sarkar Copyright Blog

To obtain trademark protection, a business must first adopt a graphically represented mark which is unique and distinguishable. Section 9(1) (c) of the Trademark Act, 1999 prohibits the registration of words used commonly. It takes years for them to get registration. This phenomenon is called acquired distinctiveness.

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Meeting of the Minds: The Price of Recklessness: Disgorgement of Pro?ts in a Post-Romag World

The IP Law Blog

The Supreme Court first looked to the section of the Lanham Act governing remedies for trademark violations, 15 U.S.C. 10 According to Fossil, the equity courts historically required plaintiffs to establish willfulness, or its historical equivalent, to obtain a profits award in trademark disputes.