Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The stories feature on Instagram is the same as that of its rival and competitor in the market, Snapchat.

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Kashishipr

MARCH 30, 2022

It is imperative to have Registered Trademarks in place to have one’s business stand out in the market and create a significant brand value. In India, trademarks are registered, protected, and enforced under the Trademarks Act of 1999 (referred to as the ‘Act’ further in this article).

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Kashishipr

MAY 18, 2022

Being a mixed market, India has many industries operating under the free market concept. Without any doubt, the competition in the Indian markets is exceedingly fierce. For any company to thrive and do exceptionally well in the open market, it must create brand recognition among the general public and enhance the brand value.

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IP and Legal Filings

JANUARY 27, 2023

In a larger sense, trademarks stimulate initiative and entrepreneurship by providing their owners with renown and financial reward. Trademark protection also prevents unscrupulous rivals, such as counterfeiters, from using similar unique marks to market inferior or unrelated goods or services.

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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.

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Kashishipr

SEPTEMBER 20, 2021

In May 2007, the label mark ‘SOYA DROP’ was registered. Since then, it has been continuously used and has even acquired reputation and goodwill in the market. According to NTC, the SSPL label mark was only a registered trademark, and therefore, it couldn’t be used as an artistic work.

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Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Trademarks perform the following functions- Trademark or logo helps identify the goods and services easily: A trademark serves as a means of identification for a certain brand, corporation, or other entity, allowing it to be clearly distinguished from the other brands on the market.

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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.

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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.

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Kashishipr

OCTOBER 12, 2022

Although the trademark assignor profits from royalties on the trademark, the assignee obtains the authority to expand and enhance its market functions by using the brand name and extending its identity. Let us now understand why a trademark assignment should be handled properly. Overview of Trademark Assignment.

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Patent Trademark Blog

NOVEMBER 30, 2023

Design Patent Protection: 2D vs. 3D A brief summary of the differences between trademarks and design patents would help to set the stage. Trademarks typically refer to words or logos which can be displayed on products, packaging or marketing materials. Trademarks, therefore, are two-dimensional in most cases.

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Corsearch

SEPTEMBER 28, 2023

Or maybe it isn’t a registered trademark but there’s a significant volume of use on social media for exactly this name? Benefits of Brand Generator Efficiency: Drastically reduce the back-and-forth between marketing and legal teams. Solve creative tension between Marketing and Legal. References [1] [link]

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Kashishipr

AUGUST 3, 2022

Whether you are considering filing your first Trademark Application or you own plenty of Registered Trademarks , you must know and understand that the first step to getting your trademark is distinctiveness. The ultimate question in this scenario is, “What makes your products, name, or logo stand out in the market?”

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Kashishipr

MARCH 16, 2022

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. Trademarks. In the same way round, IP puts a virtual fence around the property or assets that it safeguards.

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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.

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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. Maccoffee first appeared on IPLF.

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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. However, using another brand name or trademark alone does not amount to disparagement. Hindustan Coca-Cola Ltd. )

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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.

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IP and Legal Filings

MARCH 7, 2022

Certain conditions are not deemed trademark infringement under Section 30 of the Trademark Act. If someone has a licence from the registered trademark owner, it is not considered an infringement because the licence is granted under an assignment agreement. Unauthorised Use Of Trademark. Registered Trademark.

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IP and Legal Filings

SEPTEMBER 21, 2022

But how do the businesses are so famous without marketing? If they do marketing, then how it is regulated and who does it? Online platforms do not gain this much popularity just by selling their products but with extensive marketing and planning. Thus, A Trademark is a really important asset for the business. CONCLUSION.

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IP and Legal Filings

MARCH 7, 2022

Certain conditions are not deemed trademark infringement under Section 30 of the Trademark Act. If someone has a licence from the registered trademark owner, it is not considered an infringement because the licence is granted under an assignment agreement. Unauthorised Use Of Trademark. Registered Trademark.

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Kashishipr

MAY 25, 2022

A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. Patent Rights exclude others in the industry or market from manufacturing, using, selling, distributing, or importing the patented product or process. 4) Validity/Invalidity Search.

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Garrigues Blog

NOVEMBER 6, 2023

The exclusivity granted to the trademark owner is conditional upon the capacity of the mark in question to differentiate between different companies and services on the market.

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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.

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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. References: [link] [link] [link] [1] CS (O.S.)

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IPilogue

FEBRUARY 28, 2022

Ellis ruled that Gruyère is a generic term for a type of cheese and does not refer solely to cheese from a specific geographic region. However, the fate of the Gruyère trademark in Canada is still up in the air. Gruyère producers have lost the lawsuit in the United States since District Judge T.S.

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IPilogue

FEBRUARY 14, 2022

Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. In the context of trademarks, it refers to the recognition and trust that consumers have with a particular brand. The term “ goodwill ” encompasses all the intangible assets of a business.

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Kluwer Copyright Blog

MAY 23, 2022

The Supreme Court first noted that marketing claims which include references to famous trademarks aim at catching the public’s attention by mainly exploiting the selling power associated with the sign. And slogans may not be original enough for copyright purposes when they contain a direct reference to a trademark (e.g.

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Kashishipr

OCTOBER 19, 2022

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. As people associate a trademark with a brand or business, it serves as an intangible asset to your company or organization.

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43(B)log

MARCH 14, 2024

The parties compete in the shoe market. 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. … In 2006, Crocs sued now-plaintiff Double Diamond and Dawgs, its affiliate.

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Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” Indeed, the various images and icons commonly referred to as “emojis” have become a staple of modern communication, such that the term “emoji” is even defined in many dictionaries. The court says it. –Emoji GmbH v.

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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. Case Summaries Gujarat Cooperative Milk Marketing v.

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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.

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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.

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Kashishipr

NOVEMBER 3, 2021

Simply put, trademark genericization is the death of the mark as it no longer acts as a source indicator of the brand owner. A wide array of linguistic, legal, and marketing-related factors contribute to trademark genericization. Many brands also resort to anti-genericide marketing campaigns.

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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. However, it isn’t difficult to identify the product, i.e. Domex, without referring to Harpic. There is a thin line separating puffery and disparagement.

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IP and Legal Filings

MARCH 2, 2023

The fundamental element is that the buyer of the products or services is free to use or discard it without subsequent restrictions as soon as the registered proprietor has been able to derive adequate profit from the first sale or positioning in the market. [i]

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