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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

Justice Endlaw is also particularly concerned with how trademark rights are to be balanced against the public’s speech rights, and therefore on balancing the plaintiffs concerns with the public interest in ensuring expression is curtailed decides not to grant an injunction against the song. The precedent set in Consim Info Pvt.

Trademark 130
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where cross-examination exposes lack of TM confusion, out-of-court confusion "evidence" becomes less credible

43(B)log

2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. Plaintiff has seven registered trademarks involving Florida Virtual School or FLVS; two of the registrations are incontestable.

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SpicyIP Weekly Review (March 18- March 24)

SpicyIP

John Doe And Others on 18 March 2024 (Delhi High Court ) Plaintiffs filed a suit contending that the Defendants are using the Plaintiff’s DASNAC trademark as a part of their domain name, on their websites, and on their social media thereby constituting infringement of the Plaintiff’s statutory rights vesting in the DASNAC trademark.

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The five steps to help you protect and enforce your trademarks in Portugal

Garrigues Blog

If you own a business in Portugal and have a registered trademark, these recommendations will prove useful. Therefore, before emabarking on any enforcement action, you need to gather as much information as possible on the entity copying your trademark(s). Anticipate and act: prevention. Still, it is the best approach.

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SpicyIP Weekly Review (February 05- February 11)

SpicyIP

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
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USC IP year in review, TM/ROP

43(B)log

My former student Grace McLaughlin has written an excellent note about the fact that these putative trademarks don’t serve human trademark functions—it’s very hard to remember them or distinguish one random string from another random string in terms of knowing what you’ve seen before—and has proposed some possible responses from the PTO.

IP 94