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Imputing Bad Faith in Trademark Infringement Disputes: Analysing DHC Nova v. Novya Judgement

SpicyIP

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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Inter American Convention allows claims that Lanham Act makes dubious after Abitron; but what about Article III?

43(B)log

Industria, based on Colombia, produces and distributes food products under two relevant brand names: Zenú and Ranchera. They’re successful brands: approximately $300,000,000 annually in sales of Zenú products and $100,000,000 in sales of Ranchera products.

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Italy's #1 Brand of Pasta plausibly communicates geographic origin despite Barilla's argument it's just a TM

43(B)log

17, 2022) Along with the headline-worthy nature of the claim (“ITALY’S #1 BRAND OF PASTA” plausibly falsely communicates Italian origin), the decision contains an extended discussion of judicial notice on a motion to dismiss v. Could “ITALY’S #1 BRAND OF PASTA” mislead reasonable consumers? in small print on the side of the box.”

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Coach narrowly alleges grounds for cancellation of similar marks

43(B)log

The claim for cancellation of the ‘675 Mark was based on fraud in obtaining the trademark registration and misrepresentation of source, whereas their claim for cancellation of the ’549 and ’077 Marks was based on misrepresentation of source alone. and [the] Coach” brand. Chunma USA, Inc., 2021 WL 1534988, No.

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Intellectual Property Rights for Social Media Influencers

IIPRD

However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Trademarks. In today’s market, a distinct brand identity is critical in all company sectors. Influencers that make a lot of money from internet marketing must also defend their own brand identification.

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Federal Court of Canada Issues Default Judgment to Stop Online Infringement

LexBlog IP

Kaira’s brand AMUL is internationally renowned and India’s largest food brand. Kaira has registered the AMUL trademark in Canada for use in association with milk products. First, Kaira provided evidence of the goodwill that the AMUL brand and designs have acquired globally and in Canada.

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Cardozo A&ELJ symposium, Trademark

43(B)log

As you may or may not recall, §32 of the Lanham Act provides for a cause of action for infringement of registered marks; courts have read 43(a) to provide a similar cause of action for “unregistered marks”—matter that is not registered with the PTO but serves a trademark function of indicating source. Then, in Lexmark v.