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[Guest post] Court of appeal The Hague: free-riding not possible if reputed brand has suffered continuous decline

The IPKat

C&S Designs (CS) is a competitor of Mexx and also sells clothes in the Netherlands under the brand ‘G-maxx’, which it registered as a EUTM for the goods of class 25 in 2016, the same year it started selling clothes under the brand. An interesting point was raised concerning the moment in time when reputation had to be assessed.

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Copyright Ownership: Exploring Employer-Employee Relationship

IP and Legal Filings

In general, any work commissioned for consideration would be simply owned by the person who commissioned the same as also evident from the plain interpretation of section 17 (b) read with section 17 (c) of the Copyright Act. thereby section 17 (c) could not be applicable on the same after Mr. Thomas left the Manorma Co. Fox [5 Blatchf.

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Well Known Trademarks

IP and Legal Filings

C onclusion A well-known trademark is an intellectual asset for a firm, providing it with several benefits, with no comparable marks permitted for any goods or services. v] CS (OS) No. 279/2008 in CS (OS) 41/2008. This is the extra protection that a brand obtains after being named Popular. Section 11(2). [iv] 264/2008. [vi]

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Can A Single Colour Mark Acquire Registration In India?

IP and Legal Filings

Anubaker CS (‘Single Bench judgement’) has found a perverse finding and observed that a single colour mark could not be registered. [6] Anubaker CS (COMM) No.890/2018 Anubaker CS RFA (OS)(COMM) 13/2018 at para 31. [9] 15] Sieckmann (C-273/00) EU:C:2002:748 [2003] Ch 487 [16] Vatsala, Supra note 2, at page 129. [17]

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"Margarita Hard Seller" with no tequila isn't deceptive

43(B)log

22-CV-6907 (CS) (S.D.N.Y. defendant's package Warren alleged that “[c]onsumers expect to receive a cocktail containing tequila when they order a margarita as this ingredient defines what a margarita is,” “[c]onsumers will expect the Product to contain tequila.” Coca-Cola Co., 2023 WL 3055196, No. alcohol by volume.

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Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

Technology & Marketing Law Blog

A court must “[c]onsider[ ] all of these factors” together. If You’re Going To Incorporate Online T&Cs Into a Printed Contract, Do It Right–Holdbrook v. If You’re Going To Incorporate Online T&Cs Into a Printed Contract, Do It Right–Holdbrook v. Sellers, 289 Cal. 3d at 29. [fn Clickthrough Agreement Upheld–Whitt v.

Contracts 109
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Keyword Advertising and Trademarks

Selvam & Selvam Blog

Happy Easy Go India Private Limited [CS(COMM) 916/2018] , in which the Court has explicitly asked the search engines to suspend the advertising accounts of the infringing party. The law surrounding third parties bidding on trademarks has been settled by way of many injunctions as seen in Make My Trip (India) Private Limited v.