SpicyIP

AUGUST 22, 2022

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute. Ltd vs Google India Pvt.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark.

Trademark 52

Trademark Designs Design Marketing 52

IPilogue

FEBRUARY 28, 2022

France and Switzerland used to fight for the exclusive rights to the “Controlled Designation of Origin” for Gruyère. Interestingly, another battle regarding the Gruyère trademark is happening in North America. However, the fate of the Gruyère trademark in Canada is still up in the air.

Trademark 106

Trademark Registering Trademarks Intellectual Property Advertising 106

Kashishipr

MARCH 16, 2022

One way in which the real estate owners designate the boundaries of their assets, which is the land, is by putting a fence around it. When we talk about Trademark Protection , it can last forever, provided the trademark owner renews his Registered Trademark at appropriate levels.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

SpicyIP

DECEMBER 5, 2022

The Plaintiff filed the present suit against the Defendant for uploading an audio book titled ‘Mossad: Greatest Mission of the Israeli Secret Service’ on its online platform. The court further reiterated that at this stage the court must take the allegations contained in the plaint to be correct, and thus, passed the present appeal.

Trademark 105

Trademark Registering Trademarks Registration IP 105

IP and Legal Filings

JANUARY 31, 2023

It provides an unmatched degree of design and layout possibilities. Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The players can collect up to 30 NFTs in the game, 10 of which are designed by the artist Beeple [i].

Law 82

Law Branding Brands Branding 82

SpicyIP

NOVEMBER 7, 2022

However, the patent on Apaxiban expired in September 2022 and via the present order, the court ruled that “ there can be no injunction on the manufactured stock lying with the Defendants, from being sold as on date. ”. Avery Dennison Corporation vs Controller Of Patents And Designs on 4 November, 2022 (Delhi High Court).

Patent Prosecution 111

Patent Prosecution Invention Journalism IP 111

LexBlog IP

FEBRUARY 26, 2023

I asked: “ What were the first trademarks? “ ChatGPT replied: The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. However, trademark protection in the U.S.

Trademark 52

Trademark Designs Design Journalism 52

Corsearch

SEPTEMBER 28, 2023

You should prepare links and screenshots as evidence for your claims of copyright, or trademark, patent, or design right infringement on Alibaba. Trademarks A trademark signifies a unique term, logo, expression, design, or emblem utilized to indicate the origin of goods and services.

Branding 59

Branding Brands Branding Intellectual Property 59

Kashishipr

APRIL 13, 2022

At present, with the immense growth of interconnectivity, along with digital experiences creating augmented reality and virtual reality, many digital marketers and technology experts have given the term ‘Metaverse’ to these new spheres of human interaction.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

SpicyIP

SEPTEMBER 11, 2023

Noting the lack of any supervisory or governing body for trademark and patent agents, the Court instructed Ms. To account for that, a system may be designed to inform the controller/registrar about the incident of professional misconduct and make a record of it.

Government 105

Government Trademark Patent Patent Application 105

The IPKat

FEBRUARY 20, 2024

The patent, which included France among the designated states, expired on 5 August 2021. It also argued that the pink colour was not part of a marketing strategy, but rather the result of the chromium oxide, present in the implants and covered by the now-expired patent.

Art 67

Art Registration Registering Trademarks Intellectual Property 67

IP and Legal Filings

MAY 19, 2022

The Controller General of Patents, Designs, and Trademarks (CGPDTM), who will also regulate their conduct and powers, will appoint a panel of “facilitators” to help administer the program. Under this scheme, startups will receive an 80% discount on patent filing when compared to other businesses.

Trademark 52

Trademark Government Branding Brands 52

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.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

IP and Legal Filings

JANUARY 30, 2022

The Respondent secured federal trademark registration for “Get Lucky” in 1986, and the Petitioner commenced offering garments employing the registered trademark “Lucky Brand” and term “Lucky” a few years later, in 1990. This case saw the issuance of several marks.

Trademark 92

Trademark Branding Brands Branding 92

IP and Legal Filings

MAY 8, 2024

The present appeal is filed by appellants under order 43 Rule 1(r) of CPC against order of Commercial Court, Indore. Issues Raised Whether entire registered trademark should be compared with the offending trademark without splitting up and dissecting any of the trademarks to adjudge visual, phonetic and structural similarity?

Trademark 52

Trademark Intellectual Property Branding Brands 52

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 84

Trademark Social Media Advertising Advertising 84

43(B)log

FEBRUARY 16, 2024

I’ve left out the parts specific to registered trademarks and the reference to treaties. But no special protection should apply when D has used mark as a designation of source for its own goods/services: in the way the Lanham Act most cares about. Kagan describes it as “designation of source.” How would you design it?

Trademark 59

Trademark Fair Use Registration False Advertising 59

SpicyIP

FEBRUARY 13, 2023

The court observed that, by the present appeal, the appellants cleverly intended to challenge the injunction order dated October 2021 against which they have not instituted any appeal in 15 months. 2 crores with the Registrar General of this Court, within one month”. KTTADI and KHADI are prima facie similar, rules Delhi High Court.

Designs 52

Designs Design Trademark Cease and Desist 52

43(B)log

AUGUST 19, 2021

The registration was prima facie evidence of the registrant’s right to use the mark, and “a party using a mark that they are lawfully permitted to use cannot make a false designation by using that mark in a permitted manner.” Thus, to prevail, Zamfir would need to rebut the presumptions created by the registration, and he didn’t.

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Registration Social Media Trademark Registering Trademarks 72

43(B)log

FEBRUARY 23, 2023

Users can download “dapps” (or decentralized applications) which allow users to design and develop software using the Internet Computer blockchain. Dfinity sponsors conferences and hackathons, and gives in-person and virtual presentations. What was the Meta mark to which Dfinity’s rainbow mark was to be compared?

Designs 59

Designs Design Registration Trademark 59

SpicyIP

MARCH 25, 2024

.” The Defendants’ adoption of this mark, resembling the Plaintiffs’ trademark in font, style, and overall appearance, was alleged to mislead consumers and infringe upon the Plaintiffs’ rights. The court, upon examining the evidence presented, found a prima facie case in favor of the Plaintiffs.

Trademark 52

Trademark Patent Copyright Confidentiality 52

IIPRD

OCTOBER 14, 2022

After the amendment of 1994, programs designed to operate computers are included in the meaning of “literary works” under the Act. Concerning infringement, a trademark is abused when a person adopts a corporation’s domain name without authorization.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

IIPRD

AUGUST 4, 2022

For modern designers, this may be both a blessing and a curse. Any initiative to educate the public by presenting them with the accurate and proper information may be applauded. Why should digital influencers defend their intellectual property rights?

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

Intepat

MAY 24, 2023

In the trademark registration process under the Madrid System, a provisional refusal refers to the initial objection or refusal issued by an individual national trademark office (known as the “Office of Origin”) in response to an international trademark application filed through the Madrid System.

Registration 52

Registration Trademark Intellectual Property Reporting 52

Kashishipr

JULY 20, 2022

When it comes to imitating Apple, Xiaomi is accused of copying its smartphones, laptop designs, and overall marketing strategy. ’ However, Nike stated that Skechers’ business strategy includes replicating the designs of its competitors to gain market share. and the so-called rival RealMe. For more visit: [link].

Branding 52

Branding Brands Branding Marketing 52

43(B)log

DECEMBER 28, 2022

Barilla’s Italianate campaign allegedly included websites, a Barilla Historical Archive, a Barilla Pasta Museum, and Barilla Academy, which Plaintiffs allege were “all designed to promote the brand and company’s Italian identity” and “convince consumers that Barilla® brand pastas. in small print on the side of the box.”

Branding 59

Branding Brands Branding False Advertising 59

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.

Patent 105

Patent Intellectual Property Invention Patent Law 105

Kashishipr

JANUARY 27, 2022

In the present era, working business environments have become significantly dynamic. IP in different forms like trademarks, copyright, patents, and industrial designs acts as a seal of distinctiveness, quality, and authority for every other company. Understanding the Relevance of an NDA.

Business 105

Business Confidentiality IP Intellectual Property 105

Kashishipr

AUGUST 31, 2022

In the present digital era, where we are so connected than ever, and the amount of online content produced has never been higher – the responsibility of safeguarding content has never been more crucial. Such creations may include literary and artistic works, designs, names, inventions, etc.

Moral Rights 52

Moral Rights Copyright Intellectual Property Licensing 52

Kashishipr

JULY 13, 2022

Sometimes, AR and VR are used in overlapping ways; however, the two terms present unique and different issues in the IP world. However, at least some creative content in the AR field shall be designed to mimic, recreate, or merge with the real physical surroundings to the extent that the same won’t be distinguishable as digital.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

LexBlog IP

NOVEMBER 29, 2022

registered trademark may recover damages for uses of that trademark that occurred outside the United States and that were not likely to cause consumer confusion in the United States. Abitron Austria GmbH v. although a portion of those sales displaced foreign sales for Hetronic.

Trademark 52

Trademark Law Branding Brands 52

43(B)log

AUGUST 31, 2021

May 20, 2021) (R&R) Proactive alleged that Pine infringed registered trademarks associated with Proactive’s groundwater sampling pumps and their components and engaged in counterfeiting. Without that, the judge couldn’t find harm to the trademarks. Proactive Environmental Products Int’l, LLC v. Pine Environmental Servs.,

Licensing 59

Licensing Settlement Trademark Registering Trademarks 59

LexBlog IP

DECEMBER 3, 2021

The ever-expanding internet presents a daunting task to any brand owner trying to police its marks. In order to utilize The Registry, the brand owner must have a federally-registered trademark that appears on products or packaging. 6] Design Basics, LLC v. 1] [link] (last visited Oct. 13, 2021). [2] 13, 2021). [3]

Branding 52

Branding Brands Branding Intellectual Property 52

Kashishipr

AUGUST 2, 2021

Goods or items produced outside Bangladesh involving infringement of the Copyright Act, 2000 or infringement of layout design of integrated circuits that are intended for sale or use for commercial purposes within the territory of Bangladesh. Images of genuine goods (for trademarks and designs).

IP 105

IP Intellectual Property Registration Registering Trademarks 105

IP and Legal Filings

OCTOBER 28, 2023

TARNISHMENT Unauthorized use of famous mark which is offensive, inappropriate in connection with a similar mark or trade name.Tarnishmentmainly occurs when the product is contrary to the corporate values of the trademark owner and another form is to offend or criticize the trademark’s owner. “

Trademark 72

Trademark Registering Trademarks Trademark Law Branding 72

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. .”

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Trademark Social Media Registering Trademarks Copyright 103