SpicyIP

MAY 2, 2022

We’re pleased to bring you a timely guest post by Sangita Sharma on a recent order by the Delhi High Court, on the usage of a competitor’s registered trademarks as keywords or adwords. The plaintiff filed the suit seeking protection of its various registered trademarks used by Defendant No.1- Defendant no.

Registering Trademarks 119

Registering Trademarks Trademark Advertising Advertising 119

The IPKat

APRIL 29, 2024

Yann Basire - Director General of CEIPI and Director of the French section of CEIPI The discussion sought to explore the underlying reasons driving the necessity for trademark modernization and the legal obstacles it presents, against the backdrop of evolving industries, business methodologies, consumer trends, and technological innovations.

Reporting 57

Reporting IP Law Trademark 57

LexBlog IP

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement?

Trademark 52

Trademark Registering Trademarks Art Cease and Desist 52

IP and Legal Filings

SEPTEMBER 19, 2023

If there are no oppositions, or if the opposition is unsuccessful, the trademark will be registered, and a certificate of registration will be issued. A registered trademark is valid for a period of 10 years, after which it can be renewed for additional 10-year periods.

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Trademark Intellectual Property Registration Registering Trademarks 84

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

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

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

JUNE 21, 2023

Trademark infringement is a breach of the exclusive rights of the trademark owner. Infringement of a trademark is a severe offence according to Indian trademark law. It is described as the unlawful use of a registered trademark by another person or business in a manner that is likely to mislead or confuse customers.

Registering Trademarks 86

Registering Trademarks Trademark Trademark Law Branding 86

IPilogue

FEBRUARY 28, 2022

However, the fate of the Gruyère trademark in Canada is still up in the air. Without a registered trademark, Gruyère producers expose themselves to the risk of dispute that may lead to a long and costly legal battle in Canada. Gruyère is presently not appearing on the GI list held by Canadian Intellectual Property Office (CIPO).

Trademark 106

Trademark Registering Trademarks Intellectual Property Advertising 106

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. Bottom Line.

Trademark 52

Trademark Designs Design Marketing 52

IP and Legal Filings

MAY 17, 2023

In contrast, comparative advertising is a legitimate marketing strategy utilized by firms to highlight the superiority of their product over their competitors. The plaintiff, a market leader in orange glucose powder drinks, took issue with the TVC’s depiction and sought a permanent injunction against it.

Advertising 71

Advertising Advertising Marketing Marketing 71

43(B)log

APRIL 29, 2022

It was not enough to allege that the marketing materials were “misleading as to his present involvement.” But given the benefit of the truth, and the lower-if-present materiality of the allegedly false implication, courts should favor allowing the truth. Hawrych developed their products were not plausibly false or misleading.

False Advertising 59

False Advertising Advertising Advertising Registering Trademarks 59

SpicyIP

AUGUST 31, 2023

Likelihood of Confusion to the Public or Likelihood of Association with the Registered Trademark I. This product introduces competition in the market and expands the availability of cheaper alternatives. We will explore the relevance of this further ahead in this post. and still exude a luxurious aura at events.

Trademark 111

Trademark Advertising Advertising Branding 111

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. The registration and management of trademarks was another essential component.

Trademark 84

Trademark Social Media Advertising Advertising 84

Kashishipr

MARCH 16, 2022

Trademarks (referred to as logos and brand names in a layman’s language) are the source identifiers intended to safeguard the general public from getting confused about the origin of products and services available in the market.

IP 98

IP Invention Intellectual Property Registering Trademarks 98

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.

Intellectual Property 116

Intellectual Property IP Non-Fungible Tokens Branding 116

43(B)log

JANUARY 5, 2024

Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable. While multiple witnesses testified as to Plaintiff’s significant marketing and advertising efforts, that alone is not indicative of strength. And they targeted school districts in their marketing.

Branding 59

Branding Brands Branding Marketing 59

IP and Legal Filings

MAY 17, 2024

In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. and includes both commercial and non-commercial aspects.

Personality Rights 52

Personality Rights Intellectual Property Social Media Intellectual Property Law 52

Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” The post If the Word “Emoji” is a Protectable Trademark, What Happens Next?–Emoji Schedule A Defendants appeared first on Technology & Marketing Law Blog. –Emoji GmbH v.

Trademark 109

Trademark Fair Use Registration Licensing 109

Kashishipr

FEBRUARY 23, 2022

In the present emerging digital economy, innovators keep coming up with new ideas for the manufacturing sector with the potential to change and evolve the already existing ways of working and discover new ones. There is an increasing value in the massive volumes of data accumulated over time in a company or firm. Protection of Trade Secrets.

Intellectual Property 119

Intellectual Property IP Licensing Technology 119

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.

Art 67

Art Registration Registering Trademarks Intellectual Property 67

SpicyIP

JULY 13, 2021

Advertisements will be held to not to be in accordance with honest practices (para 36) if they give the consumer the wrong impression about the commercial connection; take unfair advantage, or discredits and denigrates the trademark. This can also result in an improvement of the qualities of products, and increased market transparency.

Advertising 105

Advertising Advertising Branding Brands 105

IIPRD

AUGUST 4, 2022

‘Influencer marketing,’ albeit a new word, has emerged as one of the most effective strategies to create money across all industries. However, in order to have legal proof of ownership, it is always advisable to register for copyright registration. Trademarks. Build your market reputation.

Social Media 45

Social Media Intellectual Property Non-Fungible Tokens Music 45

SpicyIP

AUGUST 7, 2023

The present application was moved by the respondent before the Delhi High Court seeking a stay of the proceedings in the revocation petition. However, the Court relied on the documents produced by the plaintiff and an earlier IPAB order on the same dispute to hold that the defendant’s mark is deceptively similar and passed the present order.

Copyright Infringement 98

Copyright Infringement Trademark Law Copyright 98

Selvam & Selvam Blog

NOVEMBER 3, 2022

vs Tata Sia Airlines Limited CS(COMM) 54/2022 was instituted by Frankfinn to refrain Tata from using their registered trademark ‘Fly High’. vs Gujarat Co-Operative Milk marketing federation LTD. & The case, Frankfinn Aviation Services Private Ltd.

Trademark 52

Trademark Social Media Registration Registering Trademarks 52

IIPRD

JANUARY 6, 2023

The upsurge of social media apps and their intervention in our lives have completely changed the marketing game for every business organization. Today, social networking and social media are becoming significant and considerable factors to make business strategies, particularly for marketing for all enterprises. Hashtag and trademarks.

Social Media 52

Social Media Trademark Advertising Advertising 52

43(B)log

DECEMBER 28, 2022

Indeed, “Italian pasta is one of the best and most sought after products in the global market,” and “Italian durum wheat is among some of the ‘best varieties[’]” of wheat. So, “while a court “may assume [an incorporated document’s] contents are true for purposes of a motion to dismiss under Rule 12(b)(6).

Branding 59

Branding Brands Branding False Advertising 59

SpicyIP

AUGUST 25, 2021

Making exaggerated claims about one’s own goods and comparing them against the other available products in the market in order to persuade the public to buy the former is puffery. Other marketers must not be unfairly disparaged or disregarded in such comparable commercials. There is a thin line separating puffery and disparagement.

Fair Use 105

Fair Use Advertising Advertising Branding 105

Selvam & Selvam Blog

MARCH 28, 2022

Through this, the former aims to monopolize the market and kick out any remotely similar business operating under the mark. This is often perceived as a means of brand building and a way to assert and secure their position and goodwill in the market to avoid losing customers or market share to the smaller entities.

Cease and Desist 40

Cease and Desist Trademark Due Diligence Intellectual Property 40

Kashishipr

DECEMBER 21, 2021

When assessing whether a positional mark may be registered as a trademark, the following aspects must be taken into account: Position – The particular positioning of the mark can be considered as an indication of origin only in cases where its positioning is an unusual subject to a particular market.

Intellectual Property 105

Intellectual Property Registration Trademark Branding 105

IP and Legal Filings

JANUARY 31, 2023

Not to mention, it allows for almost infinite expansion, allowing marketers to design apparel of any size. The trademark registration safeguards the owner’s rights and establishes the business’s legal standing. Fashion brands must therefore decide, how and when to participate in the metaverse.

Law 82

Law Branding Brands Branding 82

IIPRD

OCTOBER 14, 2022

Even though traditional banks continue to command the financial market by offering standard operations such as payments, deposits, and credit; they need to understand that now, they are not the only players. With the size of such a market, there is always a high possibility of intellectual stealing in order to maximize profit.

Intellectual Property 52

Intellectual Property Confidentiality Copyright Technology 52

IP and Legal Filings

MAY 8, 2024

Enterprises A proprietary concern at 155, Gurunanak Timber Market, Dhar Road, Indore (Madhya Pradesh) Brief Facts Plaintiffs are in business of manufacturing and distribution of wines, liquors and spirits. The present appeal is filed by appellants under order 43 Rule 1(r) of CPC against order of Commercial Court, Indore.

Trademark 52

Trademark Intellectual Property Branding Brands 52

SpicyIP

FEBRUARY 10, 2023

Facts in brief – In the Abdul Rasul case, the plaintiff claimed the infringement and passing off of its registered trademark “REGAL” used for footwear retail. In the KEI cases, KEI Industries claimed the adoption of the mark KEI in 1968 for manufacturing, marketing and selling wires and cables.

Trademark 119

Trademark Registration Trademark Law Law 119

Kashishipr

OCTOBER 5, 2022

1 was a company specializing in the manufacturing and trading of cosmetics, pharmaceuticals, and ayurvedic products under the trademark ‘VINI’ with a presence in the deodorant and perfume industry in the Indian market. who work together with the marketing teams. Defendant no. In this scenario, the defendant no.1

Intellectual Property 52

Intellectual Property Advertising Advertising Branding 52

43(B)log

AUGUST 19, 2021

Zamfir alleged that CasperLabs had agreed to register the marks on his behalf and to transfer the marks to him, but didn’t do so; CasperLabs denied any such agreement. A plaintiff must present case-specific evidence of irreparable harm, rather than relying on generic factors that are present whenever a trademark is infringed.”

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Registration Social Media Trademark Registering Trademarks 72

Kashishipr

MARCH 9, 2022

At present, the software, in many cases, is released under what’s widely known as an ‘Open-Source License,’ which corresponds to the idea that anyone can view and modify the source code of a particular piece of software. Android, the mobile operating system residing on many smartphones presently, was open-sourced by Google.

Patent 81

Patent Patent Troll Licensing Invention 81