Garrigues Blog

MAY 14, 2024

However, decades after his death, the legacy of Escobar continues to create controversy, this time from an unexpected source, namely the European courts The case arose from a European Union Trademark application for the word mark Pablo Escobar ” filed by the Puerto Rican company Escobar Inc. to cover a wide range of goods and services.

Trademark 52

Trademark Registering Trademarks Intellectual Property Law 52

IPilogue

FEBRUARY 14, 2022

Companies that include other companies’ trademarks or products in their own advertisements are subject to various constraints from the Trademarks Act, Copyright Act, Competition Act, tort law, and the Canadian Code of Advertising Standards. In contrast, section 22 is more applicable to trademarks for services.

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Advertising Advertising Trademark Branding 105

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. However, SCU did not give up.

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Trademark Registering Trademarks Intellectual Property Advertising 106

The TTABlog

MARCH 8, 2022

The Board upheld a refusal to register the proposed mark MADE FOR YOU LAB-GROWN DIAMONDS , in standard character and design form, for 'diamonds; jewelry" [LAB-GROWN DIAMONDS disclaimed], finding that the phrase fails to function as a trademark. The Trade Mark [sic] Act is not an act to register words but to register trademarks.

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Trademark Registration Service Mark Registering Trademarks 94

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

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.

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Trademark Designs Design Marketing 52

Intepat

DECEMBER 4, 2023

With an increasing number of countries joining this unique international trademark registration framework, the World Intellectual Property Organization (WIPO), a specialized United Nations agency in Geneva, has administered over a million trademark registrations worldwide. What is a Provisional Refusal under the Madrid System?

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Registration Trademark Intellectual Property Registering Trademarks 52

IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited.

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Trademark Law Trademark Law Service Mark 88

SpicyIP

SEPTEMBER 11, 2023

underscored that there is a need to supervise or govern patent and trademark agents. This post discusses the case and argues that there already exists a mechanism under the Patent and trademark laws that govern and supervise such agents. Image from here The Delhi High Court recently in Saurav Chaudhary Vs Union Of India & Anr.

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Government Trademark Patent Patent Application 105

Kashishipr

OCTOBER 19, 2022

The Trademark Rights have clearly explained the essentials and attributes of a trademark. A trademark exists in the form of an expression, slogan, or any other sign identifying the services or products of one business and distinguishing them from those of others in the market. Exploring the Essentials of a Good Trademark.

Trademark 52

Trademark Branding Brands Branding 52

43(B)log

FEBRUARY 16, 2024

Panel #2, TM, moderated by Vice Dean Felix Wu Jack Daniels says that use as a trademark is special: like copyright’s bête noire, confusion caused by trademark use is the central concern of trademark law. I’ve left out the parts specific to registered trademarks and the reference to treaties.

Trademark 59

Trademark Fair Use Registration False Advertising 59

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

Intellectual Property Law Blog

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 130

Fair Use Trademark Cease and Desist Designs 130

IPilogue

OCTOBER 21, 2021

The phrase “James Bond 007” (“Bond Mark) is a registered trademark for, among other things, “entertainment services by way of motion picture”. This suggests that all Bond movies are produced under a Trademark license that permits the filmmakers’ use of the Bond Mark in their films. Trademark Licensing and Tarnishment.

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Trademark Licensing Registering Trademarks Intellectual Property 111

IP and Legal Filings

MAY 24, 2024

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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Non-Fungible Tokens Art Trademark Branding 77

Kashishipr

JUNE 1, 2022

For every business or brand owner at present, the design of a product has become a crucial concern, and why won’t it be, after all, “A thing of beauty is a joy forever.” ” The unique design of a product, such as that of Mini Cooper and Coca-Cola, forms brand identity. Infringement of Industrial Designs .

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Designs Design Registration Contracts 45

Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. The label in question was designed by an employee of SK Oil Industries. It further added that an individual could either own a registered trademark or copyright but not both.

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Registration Artistic Work Copyright Registering Trademarks 98

Kashishipr

APRIL 13, 2022

With the Metaverse and Non-Fungible Tokens (NFTs) being the common buzzwords as of late, the USPTO (US Patent & Trademark Office) has been experiencing a significant rise in the number of Trademark Applications filed in the virtual sphere to safeguard the products and services.

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Intellectual Property IP Non-Fungible Tokens Branding 116

Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Relationship between Trademark Law & the Hospitality Industry. Trademark for the Taj Mahal Palace Hotel.

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Trademark Branding Brands Branding 52

Selvam & Selvam Blog

MARCH 28, 2022

The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. Lately, this has been called out as ‘ trademark bullying’ and recently, BigBasket and DailyBasket were involved in a tussle over the word ‘Basket’.

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Cease and Desist Trademark Due Diligence Intellectual Property 40

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. If any unauthorized person or party enters such a safeguarded piece of land, it is referred to as trespassing. If any unauthorized person tries crossing that fence, it is referred to as IP Infringement.

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IP Invention Intellectual Property Registering Trademarks 98

IP and Legal Filings

JUNE 14, 2023

Introduction It often happens that a company’s trademark is confused with its brand and on top of that, the brand name or trade name. A trade name is a name under which a company pursues its business and needs to be distinguished from the entity’s registered or legal name.

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Marketing Marketing Intellectual Property Branding 52

Corsearch

AUGUST 24, 2023

Identify the type of infringement Facebook will remove listings and posts that infringe your intellectual property, covering five categories: counterfeits, copyright infringement, brand abuse (which includes other forms of trademark infringement), design infringement, and patent infringement.

Branding 52

Branding Brands Branding Copyright Infringement 52

azrights

OCTOBER 18, 2021

I’ll then explain the role of trademarks and why and how to be strategic with them. And maybe rather than buying just a laptop, we bought a MacBook because we wanted that good design and simplicity that Apple offers. So, let’s look at trademarks now. The Meaning of Brand. It distinguishes one product or service from another.

Branding 52

Branding Brands Branding Trademark 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.

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Branding Brands Branding Intellectual Property 59

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. Domain names are frequently acquired as trademarks. 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

Patent Trademark Blog

MAY 31, 2023

Would it make sense to send them a trademark infringement letter. Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter? Need to enforce your patent and trademark rights, or reply to a cease-and-desist letter? Accordingly, the patent owner or trademark owner becomes the defendant in a DJ action.

Cease and Desist 52

Cease and Desist IP Trademark Registration 52

Corsearch

AUGUST 14, 2023

Trademark infringement A trademark is a distinctive word, logo, phrase, design, or symbol used to identify the source of goods and services. Trademark infringement occurs when a mark resembling yours is used without authorization. Copyright infringement refers to the unauthorized use of a protected work.

Branding 52

Branding Brands Branding Intellectual Property 52

LexBlog IP

FEBRUARY 29, 2024

The US Copyright Term Extension Act was referred to pejoratively as the “Mickey Mouse Protection Act” because of the entertainment conglomerate’s outsized influence. Trademark law has something to say about use. Unlike copyrights, trademark rights do not expire. But this does not mean use without restriction.

Public Domain 52

Public Domain Intellectual Property Copyright Trademark 52

43(B)log

MARCH 14, 2024

This judgment of infringement comes nearly one year to the day after Crocs filed lawsuits against 21 companies alleging infringement of its registered trademark rights in its clog designs. … The court declined to dismiss Double Diamond’s resulting defamation claim.

False Advertising 59

False Advertising Advertising Advertising Branding 59

azrights

OCTOBER 27, 2021

For example, the law won’t generally stop copying of ideas or business models or colours of other brands unless these are trademarked. Some identifiers can be protected and owned as trademarks as soon as you create them. Others are extremely difficult to secure as trademarks and need a strategy to achieve.

Branding 52

Branding Brands Branding Copying 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

JUNE 16, 2023

On June 8, 2023, the Supreme Court in a unanimous decision held that a trademark claim concerning “a squeaky, chewable dog toy designed to look like a bottle of Jack Daniels whiskey” which, as a play on words, turns the words “Jack Daniels” into “Bad Spaniels” and the descriptive phrase “Old No.

Fair Use 52

Fair Use Cease and Desist Trademark Designs 52

LexBlog IP

APRIL 27, 2023

There is a little-known provision of the Lanham Act (the US Trademark Act) that packs a potentially big punch. entity by serving the Director of the United States Patent and Trademark Office (USPTO). There is a little-known provision of the Lanham Act (the US Trademark Act) that packs a potentially big punch. In Equibal, Inc.

Trademark 52

Trademark Designs Design Registration 52

The IPKat

JANUARY 13, 2022

The result is that the smart contract allows you to represent any IP, e.g., trademarks, designs, patents or copyrights, with a token. The legal classification of tokens – often referred to as "crypto-assets" – and the applicable crypto laws, can differ from case to case.

Intellectual Property 97

Intellectual Property Non-Fungible Tokens IP Contracts 97

Intepat

MAY 24, 2023

More and more countries have signed up to this unique international trademark registration system. 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.

Registration 52

Registration Trademark Intellectual Property Reporting 52

Kashishipr

APRIL 20, 2022

Patents, copyright, and trademarks have been the most widely recognized forms of IP to date; however, there are other forms as well, including geographical indications and industrial designs, which have been gaining attention in the past few decades. Eligibility Criteria for Trade Secret Protection.

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Intellectual Property Confidentiality Public Domain Business 119