Remove what-is-likelihood-of-confusion
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Does Latching on amount to Passing off?- Still searching for answers

SpicyIP

What does latching on mean? Flipkart , a DHC SB decided that latching on “is nothing but riding piggyback…amounting to taking unfair advantage of the goodwill that resides in the Plaintiff’s mark and business…It is a mode of encashing upon the reputation of the Plaintiff which he has painstakingly built.”

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Trademark Refusal & Copyright Registration Differences

IP and Legal Filings

GENERAL REFUSAL REASONS FOR A TRADEMARK Likelihood of Confusion: The first reason for refusal is that it is often considered that the use of the trademark will lead to confusion with similar trademarks.

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SpicyIP Weekly Review (October 14-October 20)

SpicyIP

Here is our recap of last week’s top IP developments including summaries of the posts on the DHC’s decision regarding consumer confusion in “Hush Products”, US antitrust case against numerous publishing houses, strategy to register trademarks in grayscale, and DHC’s decision on claim amendments.

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How To Register a Trademark

Patent Trademark Blog

Anyone can file a trademark application with the USPTO. The challenge is not in filling out a USPTO online trademark form, but in doing the pre-filing due diligence necessary to ensure a smoother examination process. Is your mark too similar to a registered trademark? How do you know if your trademark search is adequate?

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A Year Since Hermès Verdict: The Tussle Between Trade Mark Rights and Artistic Freedom Continues

IP and Legal Filings

The verdict is testimony to a paradigm shift in Trademark Protection and a watershed judgement in navigating the scuffle between the rights of two sections- the commercial rights of ‘business class’ and freedom of expression vested with the ‘artists and creators’. The nine-person jury made two important observations.

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Four Thoughts Before Bringing a Trademark Infringement Lawsuit

Traverse Legal Blog

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.

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Going Back to First Principles – A Nuanced Understanding of Infringement in Google v DRS

SpicyIP

Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. These key questions i.e., what is the objective behind a user’s search and what is the purpose of a search engine form an important focal point of the Delhi High Court’s decision in Google v. Amit Sibal. DRS Logistics.