article thumbnail

The Interplay between Religious Sensitiveness and Trademark Law in India

IP and Legal Filings

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. Gebi Products [10] , The Gala Company used the label mark “LAXMI” to market brooms.

article thumbnail

MarkIt to Market® - November 2021

JD Supra Law

The November 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses the emergence of trademark filings for NFTs and a recent ITC patent infringement case regarding imported oil-vape cartridges. Pulp Fiction Shows us Where NFTs Meet Trademark Law - Watching the Pot™. In this issue: - "Say What Again?":

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

What's in a trademark? By any other name, would a $400 pineapple taste as sweet?

The IPKat

The fruit industry news has been abuzz this week with reports that a new pineapple will soon be hitting the market in the United States. The pineapple, characterised by its red outer skin and produced in very limited quantities in Costa Rica, is being marketed under the name Rubyglow™ and will retail for nearly $400 per fruit.

Trademark 104
article thumbnail

The SAD Scheme as an Institutional Failure

Technology & Marketing Law Blog

[These are my rough-draft talk notes from a recent workshop of trademark law professors.] The SAD Scheme involves a trademark owner suing dozens/hundreds of defendants using a sealed complaint, getting an ex parte TRO, and then having the online marketplaces freeze the defendants’ accounts and money.

article thumbnail

Patents, Lock-In and Negative Innovation

Patently-O

Feldman has also just published a short article in Nature Biotechnology titled Negative Innovation: When Patents are Bad for Patients. (Co-authored Nicholson Price (Michigan Law), David Hyman (Georgetown Law), and Mark Ratain (Chicago Med)). Generally the patent system has treated this is a FDA regulatory problem.

Patent 100
article thumbnail

Logos Remain Relevant: Source Confusion and Design Patent Infringement

Patently-O

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Design Patent Infringement vs. Trademark Infringement The standards for proving design patent infringement and trademark infringement differ significantly regarding the relevance of consumer confusion about product source.

article thumbnail

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Intellectual Property Law Blog

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

Reporting 130