SpicyIP

MAY 30, 2024

On this, the Court expressly held that the recognition as a well known mark will not give Vans an automatic, unabridged right to apply for rectification of FCB’s trademark. The mark was published in 2005 and was registered in 2006. The petitioner then entered the Indian market in 2011. The respondent, FCB Garment Ltd.

Trademark 45

Trademark Marketing Marketing Registration 45

SpicyIP

MARCH 10, 2024

Facts of the Case In this case, the Plaintiff, an incorporated company engaged in the manufacturing of dairy products under the trademark ‘NOVA,’ filed a suit against the Defendants for infringement and passing off of their registered trademark.

Trademark 59

Trademark Registering Trademarks Registration False Advertising 59

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. The Difficulty Faced in Proving Secondary Meaning.

Trademark 52

Trademark Designs Design Marketing 52

IP and Legal Filings

JANUARY 22, 2023

It is simply the unauthorised use of the exclusive rights associated with a registered trademark without the owner’s or licensees’ consent. They might improperly profit from the well-earned reputation of the registered trademark. On the other hand, Defendant No. 1 is Imperial Cycle Mfg. Defendant No.

Trademark 76

Trademark Registering Trademarks Social Media Business 76

LexBlog IP

APRIL 19, 2023

Sellers need to be aware of competitor patents before introducing a product to the market. A mistake commonly made by Amazon sellers is putting the seller’s trademark on a product that was originally made by a third party without ensuring proper authorization was obtained from the third party to do so.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” This means the term “emoji” is generic with respect to the dictionary definitions and Emojico’s litigation empire should crumble. The trademark registrations discourage that outcome. –Emoji GmbH v.

Trademark 110

Trademark Fair Use Registration Licensing 110

SpicyIP

SEPTEMBER 8, 2023

A trio of recent orders from these cases has raised both eyebrows and hopes of IP litigators for witnessing a shift in the Court’s stance on granting ex parte interim injunctions to be considered not only on procedural grounds but also on substantive grounds.

Registration 111

Registration Trademark Marketing Marketing 111

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

This is especially important when the opponent has not yet started using the trademark with a service or good, as this may prevent the challenging party from suing in district court. Often TTAB oppositions are resolved quicker than district court litigations because the opponent has not invested heavily in the mark. Specialized Judges.

Litigation 59

Litigation Trademark Registering Trademarks Registration 59

SpicyIP

AUGUST 22, 2021

s copyright and registered trademark. This it did by thrusting its deceptively similar goods and flooding the high-in-demand but low-in-knowhow market, with its imitation products. This order also constrained the Defendant from marketing the goods in question for a stipulated time, i.e. till 02 nd June, 2021.

Marketing 139

Marketing Marketing Trademark Registering Trademarks 139

LexBlog IP

NOVEMBER 10, 2022

The Court of Rome sets a landmark precedent by granting an injunction against the creator of NFTs displaying images of a football player, reproducing without authorization the registered trademarks owned by Italian football club Juventus FC. The enforcement dilemma. An English translation of the judgement is available here.

Non-Fungible Tokens 52

Non-Fungible Tokens Trademark Marketing Marketing 52

IP Tech Blog

MARCH 23, 2022

Why you need new trademark registrations now. There is a surging number of new applications submitted to the EUIPO, the UKIPO and the USPTO seeking to register trademarks for use of their brand in virtual reality. We further recommend filing new trademarks in order to provide a basis for additional revenue streams by licensing.

Trademark 57

Trademark Branding Brands Branding 57

LexBlog IP

MARCH 23, 2022

Why you need new trademark registrations now. There is a surging number of new applications submitted to the EUIPO, the UKIPO and the USPTO seeking to register trademarks for use of their brand in virtual reality. We further recommend filing new trademarks in order to provide a basis for additional revenue streams by licensing.

Trademark 52

Trademark Branding Brands Branding 52

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. Market Reach & Presence. IP Challenges in the Metaverse.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

Plagiarism Today

OCTOBER 26, 2021

Characters are often protected by copyright, even if their fashion is not, but they are also routinely protected by trademark. The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”.

Trademark 241

Trademark Copyright Cease and Desist Copying 241

IP and Legal Filings

OCTOBER 31, 2022

If an individual or company wants to register their trademark in another country, they will have to do it in those countries or they can proceed with an international registration through the Madrid Protocol. A registered trademark is considered valid for 10 years. Conclusion.

Trademark 52

Trademark Contracts Intellectual Property Registering Trademarks 52

Kashishipr

FEBRUARY 2, 2022

The ultimate success of brands and businesses in the modern world largely depends on the groundbreaking innovation that sets them apart from the rising competition in the market. Having a robust Intellectual Property (IP) portfolio and strategizing well to maintain it can do wonders in enhancing your brand value and market share.

Branding 98

Branding Brands Branding Business 98

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

IPRs are crucial for startups as they safeguard their unique ideas and creations, enabling them to establish a competitive edge in the market. Trade Secrets: Trade secrets encompass confidential information critical for a startup’s success; this may include formulas, processes, customer lists, marketing strategies etc.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

IP and Legal Filings

MARCH 5, 2024

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. For trademark owners, litigation was their main option.

Trademark 86

Trademark Social Media Advertising Advertising 86

azrights

OCTOBER 27, 2021

Inevitably competitors will try to capture some of the market shares of any brand that discovers a lucrative market opportunity. The legal process provides easier and quicker remedies to brands when protected IP rights such as its registered designs or trademarks are infringed by competitors. Litigation.

Branding 52

Branding Brands Branding Copying 52

The IPKat

FEBRUARY 20, 2024

Among other products, CeramTec markets a pink-coloured hip-replacement implant. 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. The case concerns issues of bad faith and functionality in trade mark law.

Art 67

Art Registration Registering Trademarks Intellectual Property 67

Kashishipr

DECEMBER 28, 2021

FTO is a pretty simple and straightforward concept, which implies that at a given point in time, no Intellectual Property (IP) from any third party is infringed upon a given product or service in a given market or geography. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

IP 105

IP Patent Invention Licensing 105

IPilogue

FEBRUARY 8, 2022

For example, the distinctive smell of Crayola Crayons is a registered scent mark, described as “a unique scent of pungent, aldehydic fragrance combined with the faint scent of hydrocarbon wax and an earthy clay”. Unregistered vs Registered Trademarks. To some extent trademarks can be protected without registration.

Trademark 106

Trademark Registration Registering Trademarks Branding 106

Kashishipr

MAY 25, 2022

Patent Rights exclude others in the industry or market from manufacturing, using, selling, distributing, or importing the patented product or process. In simple terms, it is all about carrying out a market survey to determine the presence of identical or similar technologies existing in the market.

Patent 78

Patent Patent Application Inventor Invention 78

Garrigues Blog

OCTOBER 19, 2021

weigh up and anticipate what a litigation case entails in the big picture and in light of your business. Successful products and services are likely to have their trademarks copied. If you own a business in Portugal and have a registered trademark, these recommendations will prove useful. Anticipate and act: prevention.

Trademark 59

Trademark Cease and Desist Registration Litigation 59

Kashishipr

MAY 5, 2021

It is what gets in easy money and therefore, often termed as a ‘patent shark,’ ‘dealer,’ ‘marketer,’ or ‘pirate.’ The maximum number of cases are witnessed in the software industry wherein statistics project that as many as 74 percent of the patents issued are being litigated.

Patent Troll 98

Patent Troll Patent Inventor Intellectual Property 98

SpicyIP

FEBRUARY 7, 2024

A bit of factual background before we move ahead to the legal analysis: Allied Blenders, a liquor manufacturer, has held a registered trademark for ‘OFFICER’S CHOICE PRESTIGE WHISKY’ label since 2013. Hermes Distillery (P) Ltd. Glass Half-Full, Half-Empty?

Copying 64

Copying Trademark Branding Brands 64

SpicyIP

DECEMBER 5, 2022

It seems like there are two issues involved in this litigation- first, regarding use of confidential information and second, concerning passing off. The Plaintiff has no registration over the mark but argued that it enjoys goodwill in the job search market and has invested substantially in promotion and development of its business.

Trademark 105

Trademark Registering Trademarks Registration IP 105

IP and Legal Filings

FEBRUARY 2, 2024

Gebi Products [10] , The Gala Company used the label mark “LAXMI” to market brooms. Brooms are one of the things that Gebi, another firm, began marketing under the name “MAHA LAXMI.” Examples of such texts include the Bible, the Quran, the Ramayana, the Guru Granth Sahib, and others.

Trademark Law 89

Trademark Law Trademark Law Service Mark 89

Kashishipr

SEPTEMBER 29, 2022

Such products are fake and portrayed as popular brands to charge less than the market price and make enormous profits. A strong and robust IP portfolio should be created through appropriate IP registrations as they act as primary evidence in any litigation or enforcement proceedings. Patents safeguard novel inventions and innovations.

Branding 52

Branding Brands Branding Intellectual Property 52

The IP Law Blog

JANUARY 12, 2023

Even companies that regularly take steps to protect intellectual property through, for example, registering trademarks or registering copyrights, can benefit from a yearly review. For trademarks, a good place to start is the company’s marketing and promotional materials, website, mobile app, and social media.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

Kashishipr

JULY 13, 2022

In the AR field, patent litigation has already commenced for AR hardware and some applications or uses of AR. Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

LexBlog IP

MARCH 24, 2023

In addition to the trademark for “March Madness,” the NCAA also owns trademarks for other tournament-related phrases and logos. For example, the phrase “Final Four” is a registered trademark of the NCAA, as are logos for the tournament and individual schools.

Branding 40

Branding Brands Branding Cease and Desist 40

SpicyIP

FEBRUARY 22, 2023

Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement Niyati Prabhu It is well known that companies across the world take their brands seriously and deploy law firms in order to safeguard their intellectual properties, be it their names, slogans, brands, taglines, marketing tools and (even phone numbers ).

Trademark 98

Trademark Law IP Intellectual Property 98

43(B)log

JULY 3, 2023

But Industria does not advertise or sell its Zenú or Ranchera products in the United States and there are no market surveys specific to the United States for Zenú or Ranchera. Its cancellation petition for Zenú has been suspended during this litigation. In light of the size of the food market, that’s a bit hard to credit.

False Advertising 59

False Advertising Advertising Advertising Registration 59

azrights

OCTOBER 18, 2021

On the other hand, generic names or ones that can’t function as a trademark leave your business wide open to theft of its market share by competitors. No amount of protection will help you if the choice of name is a poor one or if you rely on brand identifiers that you can’t trademark. Think About Trademarks Strategically.

Branding 52

Branding Brands Branding Trademark 52

SpicyIP

FEBRUARY 27, 2023

Battle of the Firms – The Irony of IP Law Firms Being Sued for Trademark Infringement IP firms sue others for infringement all the time, but it’s surely interesting when they themselves are involved in suits over their own IP. Case : American International School Chennai vs American International School Greater Noida and Ors.

Trademark 104

Trademark IP Registration Technology 104

LexBlog IP

DECEMBER 3, 2021

In order to utilize The Registry, the brand owner must have a federally-registered trademark that appears on products or packaging. In order to take advantage of Facebook’s free monitoring service, the brand owner must apply for access to Facebook’s tool and must have a registered trademark. [2]

Branding 52

Branding Brands Branding Intellectual Property 52