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 94

Trademark Branding Brands Branding 94

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

43(B)log

SEPTEMBER 7, 2021

Instead, a plaintiff must plead “specific facts reflecting [the defendant’s] activity that, if proved, would amount to an attempt to create the impression that [the plaintiff] is the source of [the defendant’s] services” or goods, such as conduct outside use of the registered mark itself. Chunma USA, Inc., 2021 WL 1534988, No.

False Advertising 59

False Advertising Registration Trademark Registering Trademarks 59

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

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. Proactive Environmental Products Int’l, LLC v. Pine Environmental Servs., 8:21-cv-250-CEH-CPT, 2021 WL 3025481 (M.D.

Licensing 59

Licensing Settlement Trademark Registering Trademarks 59

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. trademark trial over ‘MetaBirkin’ NFTs. lawsuit over infinity-logo trademark.

Designs 52

Designs Design Trademark Cease and Desist 52

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