IPilogue

FEBRUARY 14, 2022

In 2019, Quebec wine producer Société de Vin Internationale Ltée (“SVI”) faced a copyright and trademark infringement claim raised by its competitor, Constellation Brands U.S. In the context of trademarks, it refers to the recognition and trust that consumers have with a particular brand. Operations (“Constellation”).

Advertising 105

Advertising Advertising Trademark Branding 105

IP and Legal Filings

MAY 19, 2022

There are tons of strategies implemented by the government which is set up to do the same. The government constantly encourages the aforementioned action by passing various schemes and giving advantages to startup companies-. Under this scheme, startups will receive an 80% discount on patent filing when compared to other businesses.

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Trademark Government Branding Brands 52

SpicyIP

AUGUST 2, 2021

India’s Accession to the Locarno Agreement: Amendments to the Design Rules, 2001 & Other Impacts. In a guest post , Yashi Agrawal writes about India’s recent accession to the Locarno Agreement and its implications for India’s design laws. Fonts and Typefaces: Are they Copyrightable? July 29, 2021].

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Reporting Designs Design Copyright 116

SpicyIP

FEBRUARY 12, 2024

Introduced to incorporate the Jan Vishwas Act amendments within the Trade Marks Act, the proposed Rules prescribe an adjudication mechanism to hear complaints alleging false representation of a mark as a registered trademark. Read the detailed comments authored by Pranav, Praharsh, Swaraj, and Reva on these Rules.

Trademark 103

Trademark Social Media Registering Trademarks Copyright 103

Kashishipr

JANUARY 5, 2022

The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement , remedies for damaged goods, and modes of transference of a Registered Trademark.

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Trademark Branding Brands Branding 105

Patent Trademark Blog

APRIL 5, 2022

Actually, it is significantly more difficult to expedite a trademark application than a patent application. To speed up patent applications, you have options like Track One and Rocket Docket for utility and design applications, respectively. So this extraordinary remedy is limited by design.

Trademark 52

Trademark Cease and Desist Registration Patent Application 52

Corsearch

MARCH 13, 2023

Looking at the clip of Oswald below, you can clearly see elements of the character in Mickey’s modern design. Disney still own the copyright on more recent works featuring the character and, most importantly, have protected his name, likeness, and associated imagery by registering trademarks. Oswald the Lucky Rabbit.

Public Domain 52

Public Domain Trademark Copyright Registering Trademarks 52

Corsearch

AUGUST 30, 2023

Who is a trademark applicant? Anyone who applies for a registered trademark. A trademark which is a combination of a word mark and a figurative mark, for example a text with a particular design (logotype), or the combination of a logotype and and a logo. What is a common-law trademark? E What is EUIPO?

Trademark 52

Trademark Registration Registering Trademarks Designs 52

Kashishipr

AUGUST 2, 2021

To stop such illegal entry of infringing products, governments of various nations provide for intervention of the Customs authority of that particular country. Images of genuine goods (for trademarks and designs). Section 17 of the Act provides for detention and confiscation of goods imported or exported in breach of Section 15.

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IP Intellectual Property Registration Registering Trademarks 105

IIPRD

NOVEMBER 22, 2023

Ensuring Compliances of IP laws Trademarks and logos: On media platforms, names and emblems are commonly used to advertise companies and services, both visually and orally. Designs: Many companies now sell via media platforms, for many it is their only means of marketing.

Social Media 59

Social Media IP Intellectual Property Copying 59

Kashishipr

JUNE 16, 2021

Of these crimes, Intellectual Property (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., With the advancement of technology and the overreaching effect of cyberspace, cyber crimes have also witnessed a surge. by using the internet and computers as a medium.

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Intellectual Property IP Confidentiality Registering Trademarks 98

azrights

APRIL 22, 2021

Given that in the 21 st century, the currency of the digital environment are business assets that are governed by IP laws, the role of IP is key. Turning ideas into a business and brand involves using the tools of the IP system – trademarks, design rights, copyright, patents, and confidential information or trade secrets.

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IP Intellectual Property Branding Brands 52

The IPKat

DECEMBER 16, 2021

While Morison branded its medicine with the generic “PARACETAMOL”, with reference to its registered trademarks “MSJ” and “MORISON” on the packaging, CPL used the name “CONPHAMOL”. CPL had a registered trademark in the word “Conphamol” and the design of the product packaging.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

LexBlog IP

SEPTEMBER 13, 2023

trademark holders to stay updated. 37 CFR Part 6 is a specific section within the Code of Federal Regulations that governs the classification of goods and services for the purposes of registering trademarks under the U.S. Trademark Act. As a signatory to the Nice Agreement, the U.S. What is § 6.1

Trademark 52

Trademark Intellectual Property Editing Registration 52

IP and Legal Filings

OCTOBER 31, 2022

Foreign applicants will appreciate the ease in which they may file for trademark rights in Singapore, whether they designate Singapore as a contracting party through a Madrid Protocol application, or whether they file their trademark nationally with a priority claim. A registered trademark is considered valid for 10 years.

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Trademark Contracts Intellectual Property Registering Trademarks 52

Technology & Marketing Law Blog

NOVEMBER 27, 2023

Moreover, at oral argument , Elster’s attorney was unable to point to any evidence that USPTO trademark examining attorneys apply the law in a manner that discriminates based on the viewpoint of the applicant or the proposed mark. After the Supreme Court granted cert in Vidal v.

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Registration Trademark Blogging Law 74

Selvam & Selvam Blog

MARCH 28, 2022

A reading of the statute indicates that this provision focuses on registered trademarks and the related infringement. Further, such recourse is not limited to the Trade Marks Act, provisions similar to Section 142 are present in Acts governing other intellectual property rights in India.

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Cease and Desist Trademark Due Diligence Intellectual Property 40

IP and Legal Filings

OCTOBER 30, 2022

The Philippines Intellectual Property Office (IPOPHL) maintains a registry of patents and trademarks that is widely recognized in Southeast Asia. government cannot enforce rights for private individuals in the Philippines. Image Source: iStock].

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Trademark Intellectual Property Registration IP 87

SpicyIP

AUGUST 14, 2023

Delhi High Court allows Anjali Technoplast to manufacture impugned honey combs for government organizations, asks it to deposit INR 25 lakhs to safeguard the interest of the plaintiff. The respondent argued that the trademark attempted to monopolize the rubber module logo, a slogan, ‘We Seal Your World’, and a device mark, ‘Peeling Hands’.

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Trademark Registration Art Reporting 98

43(B)log

MARCH 31, 2023

Given that the disputed transfer was pre-1978, it was governed by the common law. “A Lanham Act false designation of origin, unfair competition, and cybersquatting: The complaint identified Henry Darger’s name as the relevant trademark (I don’t see how the Estate can plausibly claim to own it as a mark, but ok). “[W]hether

Ownership 59

Ownership Art Copyright Registering Trademarks 59

IP and Legal Filings

NOVEMBER 1, 2022

Regarding the IPR matters, Cambodia has issued the following legal documents: • Law concerning Marks, Trade Name and Acts of Unfair Competition dated January 8, 2002; • Law on Patents, Utility Model Certificates and Industrial Designs, in force since January 2003; • Law on Copyright and Related Right, in force since March 2003.

Trademark 52

Trademark Service Mark Intellectual Property Registration 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Additionally, copyrights can also extend to website content, graphic designs, logos, videos, and other digital assets. A patent is a legally enforceable right granted by a government authority that gives the inventor exclusive rights to their invention for a limited period.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

SpicyIP

FEBRUARY 13, 2023

Delhi High Court clarifies that for “lack of novelty” to be used as a defence against a Design infringement claim, the lack of novelty is to be seen as on the date of registration of design and not thereafter. Check out the post for more details. KTTADI and KHADI are prima facie similar, rules Delhi High Court.

Designs 52

Designs Design Trademark Cease and Desist 52

Kashishipr

MAY 12, 2021

A registered GI prohibits a third party from using such GI by any means in the designations or presentations of goods that indicate that such goods originate in a geographical area. In some jurisdictions, protection may also be requested by a competent national authority (for example, a local government authority).

Intellectual Property 98

Intellectual Property IP Marketing Marketing 98

Kashishipr

JUNE 3, 2021

As IP’s role in the world economy increased, so did the controversies between taxpayers and the government over the tax implications of IP transactions (for instance, development, acquisitions, sales, and licenses). have attracted taxation on IP as a global issue.

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Intellectual Property Ownership IP Licensing 98

IP and Legal Filings

FEBRUARY 2, 2024

Furthermore, a list of notified illegal trademarks is enumerated in the Central Government’s Manual of Trade Marks, Practice and Procedure. Regarding “temple services, social services, welfare services, and cultural activities,” the aforementioned trademarks were submitted for registration.

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Trademark Law Trademark Law Service Mark 89

IP and Legal Filings

MARCH 5, 2024

Trademark Law Before pre-digitalization The US Trademark Office (USPTO) defines a trademark as a word, phrase, design, or symbol that serves to identify and distinguish the products or services you sell apart from those of others. It facilitates brand recognition and trust among customers.

Trademark 86

Trademark Social Media Advertising Advertising 86

SpicyIP

MARCH 25, 2024

Kunal Makkar & Anr on 14 March 2024, Delhi High Court Image from here The petition concerned alleged violations of a previous judgment where respondents undertook not to imitate, copy, manufacture, or sell shoes imitative of the petitioner’s designs. Christian Louboutin Sas & Anr v.s

Trademark 52

Trademark Patent Copyright Confidentiality 52

SpicyIP

NOVEMBER 7, 2022

It further held that “ if a prominent part of the registered trademark is subsequently adopted by another user, either on a standalone basis or as a part of the composite mark, the same may in a given case indicate that the two marks are deceptively similar. Sheo Prakash & Ors. Other News from the Country.

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Patent Prosecution Invention Journalism IP 111

Kashishipr

OCTOBER 27, 2021

Patents do not govern computer programs, per se. However, the idea of protecting the API through the medium of a trade secret goes against the very idea of conceptualizing and designing an API. We shall now examine each of them separately. Patents and APIs.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

Kashishipr

JULY 7, 2021

The secret can be technical, like manufacturing processes, pharmaceutical test data, designs, and drawings of computer programs, or it can be commercial, like distribution methods, a list of suppliers and clients, and advertising strategies. The trade secret must contain information not known to the public, which makes it a viable secret.

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Patent Intellectual Property Invention Patent Law 105

Kashishipr

SEPTEMBER 29, 2021

Where tangible resources are constitutive of buildings, machines, and equipment, intangible resources are creations of the mind, which include inventions, literary, artistic, and musical works, labels, designs and symbols, and other goods or services of the like nature. It also runs risk-sharing programs and IP commercial insurance programs.

Intellectual Property 105

Intellectual Property IP Marketing Marketing 105

SpicyIP

JANUARY 2, 2022

The Vidya Drolia case laid down certain conditions for non-arbitrability of disputes and stated that grant and issue of patents and registration of trademarks were exclusive sovereign or government functions, thus making them non-arbitrable. Sun Pharmaceuticals Industries Ltd. Cipla Ltd [Madras High Court].

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IP Intellectual Property Copyright Trademark 143

43(B)log

NOVEMBER 8, 2023

Trademark: In Jack Daniel’s v. VIP Products, the Court held that it did not need to apply or even decide the validity of a speech-protective limit on trademark law designed to prevent trademark owners from shutting down expressive works that comment on trademarks, known as the Rogers test.

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False Advertising Advertising Advertising Trademark 75

IIPRD

JANUARY 18, 2022

The principles that govern the luxury fashion industry are similar to those that govern other industries. NFTs are created using “smart contracts,” which are software codes that govern actions such as validating ownership and regulating their transferability. NFT expands the range of unique items available.

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Non-Fungible Tokens Intellectual Property Ownership Branding 40

LexBlog IP

JUNE 21, 2023

.” Vidal presents the question of whether the refusal to register a mark under 15 U.S.C. §1052(c) violates the Free Speech Clause of the First Amendment when the mark contains criticism of a living government official or public figure. ” Id. ” Polish Industrial Property Law, Article 131 (5).

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Registration Trademark Trademark Law Law 52

Intepat

MAY 24, 2023

Administered by the World Intellectual Property Organization (WIPO), the UN-specialized agency based in Geneva, the Madrid System has helped businesses register and protect over a million marks worldwide. Two treaties govern the System which are the Madrid Agreement of 1981 and the Madrid Protocol of 1989.

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Registration Trademark Intellectual Property Reporting 52