Intepat

JUNE 22, 2023

Commercialization Through Franchising Franchising is essentially a subset of licensing whereby the owner of an intellectual property grants the franchisee to replicate the entire business concept in a different location. Franchising is commonly adopted to commercialise trademarks.

Intellectual Property 52

Intellectual Property Due Diligence Marketing Marketing 52

IP and Legal Filings

MARCH 9, 2022

Subway, the famous American fast food restaurant, has recently taken the indirect tax department to court, alleging that it was forced to pay differential Goods and Services Tax (GST) on services without issuance of any such notice. The question of whether these payments should be subject to GST has always been debated.

Intellectual Property 87

Intellectual Property Branding Brands Branding 87

Intepat

APRIL 7, 2022

For an average consumer, a trademark constitutes an identity of the product or service they plan to avail. How to Franchise your brand name. The most popular way for companies to expand beyond their geographical limitations is to go ahead with franchising. Importance of Agreement. Lincesing and assignement.

Trademark 52

Trademark Licensing Branding Brands 52

LexBlog IP

AUGUST 16, 2023

This elevated perception translates into increased brand value, opening avenues for potential licensing, franchising, partnerships, and even financial transactions. Licensing and Franchising A registered trademark has licensing value if others want to pay you money to use it.

Branding 40

Branding Brands Branding Registration 40

Intepat

APRIL 7, 2022

For an average consumer, a trademark constitutes an identity of the product or service they plan to avail. The most popular way for companies to expand beyond their geographical limitations is to go ahead with franchising. The Indian laws do not per se discuss the specifics of franchising a business.

Business 52

Business Trademark Licensing Branding 52

Kashishipr

SEPTEMBER 22, 2021

Licensing involves permitted use by a person on his goods or services of a trademark belonging to a proprietor, provided the proprietor exercises the quality control and authorizes the application of the trademark on such goods and services. Drafting a Trademark Licensing Agreement. What is Trademark Licensing?

Licensing 105

Licensing Trademark Branding Brands 105

LexBlog IP

JANUARY 9, 2023

On January 5, 2023 the Federal Trade Commission released a Notice of Proposed Rule that would essentially ban all non-compete agreements between employers and employees. It does not simply invalidate non-compete agreements. non-profits, and state and local government entities. The proposed rule is also penal in nature.

Business 52

Business Confidentiality Government Law 52

43(B)log

JANUARY 5, 2024

The agreement listed four examples of prohibited marks as well as acceptable marks, but did not require defendants to use the acceptable examples. Though some of these third-party users operate as Plaintiff’s franchise partners, the fact that these franchise relationships also allow Defendants to provide substantial services (e.g.

Branding 59

Branding Brands Branding Marketing 59

IPilogue

SEPTEMBER 2, 2021

American actress Scarlett Johansson, known for playing the Black Widow in Disney & Marvel’s The Avengers franchise, took action against Disney on July 30, 2021 for an alleged breach of contract involving the recent Black Widow film’s distribution. The caveat here in the streaming service age is the term ‘screens.’

Contracts 106

Contracts Confidentiality Law IP 106

LexBlog IP

AUGUST 1, 2022

As for the allegations, the case focuses heavily on misrepresentations that were made to small businesses regarding some key aspects of the merchant services they signed up for. In this case, however, the small businesses that were using these merchant services included restaurants, nail salons and sole proprietorships.

Due Diligence 52

Due Diligence Business Marketing Marketing 52

LexBlog IP

JULY 21, 2022

After the start of the investigation, McDonald submitted its undertakings, which were published by the Authority and underwent a market test.

Marketing 52

Marketing Marketing Contracts Business 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Trademarks: Trademarks safeguard brand names, logos, symbols, or phrases that distinguish a startup’s products or services from competitors’ Registering a trademark ensures exclusive usage and prevents others from causing confusion among consumers. These agreements help prevent unauthorized disclosure of proprietary information.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

The IP Law Blog

OCTOBER 28, 2021

On September 30, 2021, the United State Court of Appeals for the Second Circuit decided a much-anticipated copyright reversion case involving the slasher franchise, Friday the 13th. After service of Miller’s notice of termination, Horror, Inc. Miller counterclaimed, seeking a declaratory judgment to the contrary.

Copyright 52

Copyright Contracts Copyright Law Law 52

LexBlog IP

OCTOBER 28, 2021

On September 30, 2021, the United State Court of Appeals for the Second Circuit decided a much-anticipated copyright reversion case involving the slasher franchise, Friday the 13th. After service of Miller’s notice of termination, Horror, Inc. Miller counterclaimed, seeking a declaratory judgment to the contrary.

Copyright 52

Copyright Contracts Law Copyright Law 52

SpicyIP

JANUARY 29, 2024

Tech giants Nokia and Oppo enter into a cross-licensing agreement ending their patent disputes across multiple jurisdictions! Read the SpicyIP tidbit by Pranav on the Bombay High Court dynamic injunction order against websites imitating PAN card service providers. Read Yogesh’s post to know more about the judgment!

Music 59

Music Intellectual Property Copyright IP 59

IP and Legal Filings

OCTOBER 30, 2023

Conceived by Ruth Handler and named after her own daughter, Barbie has, from its inception, been a driving force behind Mattel’s successful branding efforts, resulting in the sale of over a billion Barbie dolls and the expansion of the franchise into various media, including video games, merchandise, and a live-action movie.

Trademark 86

Trademark Branding Brands Branding 86

Technology & Marketing Law Blog

JANUARY 23, 2024

Customers use popular services. Popular services leave them no choice but to click a button ( or click near a hyperlink that mentions a contract or click on a button that never even mentions a contract ) that binds them to arbitration. Or that requires you to access the offline service through a digital interface.

Contracts 77

Contracts Blogging Advertising Advertising 77

Selvam & Selvam Blog

NOVEMBER 14, 2022

Commercial disputes include any dispute arising out of trade relationship between parties such as mercantile documents, partnership agreements, franchising, distributions, joint venture, intellectual property rights, etc., its interpretation and enforcement.

Intellectual Property 52

Intellectual Property Litigation Settlement Government 52

The IPKat

FEBRUARY 8, 2023

Services rendered or associated with operating and franchising restaurants and other establishments or facilities engaged in providing food and drink prepared for consumption and for drive-through facilities), and not 18. The first two figurative marks seem to stand out. Both designates class 42 (i.e.

Designs 62

Designs Design Copyright Law 62

43(B)log

JULY 15, 2022

For years, Max Rack sold Max Racks through licensing agreements with defendant Core. The court doesn’t consider the difference between services and goods here—the franchise cases involve services, not lawfully made goods, which implicate first sale, especially since Core doesn’t seem to have been operating under the Max Rack name.]

Advertising 59

Advertising Advertising Licensing False Advertising 59

SpicyIP

NOVEMBER 26, 2023

The court held that use of “Bachpan” marks by the defendant even after the expiry of the franchise agreement between the parties results in likelihood of confusion and association as envisaged under Section 29(2)(c) r/w Section 29(3). & vs Eexpedise Technologies Pvt.

Trademark 59

Trademark Registration Invention Social Media 59

43(B)log

DECEMBER 1, 2022

MGFB has a federal registration for FLORA-BAMA for “bar and restaurant services” and several entertainment services, including “social entertainment events,” live musical performances, and “competitions for fish throwing.” The agreement granting CMT a license to broadcast that program does not mention Plaintiffs.

Artistic Work 64

Artistic Work Television Trademark Trademark Law 64

43(B)log

JULY 3, 2023

Zuluaga claimed first use of Zenú in 2011; the predecessor company applied to register the mark in 2013, with specimens using actual images of Industria’s products (though Zuluaga claimed lack of knowledge either of Industria or the specimens filed on its behalf by a filing service). T]he one showed in the application is not mine.”

False Advertising 59

False Advertising Advertising Advertising Registration 59

IP and Legal Filings

MARCH 1, 2022

What is a Franchise? A franchise refers to a license granted by the owner of a particular trademark which allows another party to sell a product or provide services under the trademark. It in essence allows the franchiser to allow a third party or the franchisee to manufacture goods and sell them in their name.

Intellectual Property 58

Intellectual Property Branding Brands Branding 58

LexBlog IP

AUGUST 16, 2023

When your mark is registered, it becomes a universal symbol associated with your products or services. An internationally registered trademark provides consumers with the assurance that your products or services meet consistent standards, fostering trust in unfamiliar markets.

Registration 40

Registration Trademark Registering Trademarks Branding 40

IP and Legal Filings

DECEMBER 11, 2022

There are also regulations against anti-competitive conduct that are sector-specific, particularly in the franchising, media, and telecommunications industries. Agreements between businesses that significantly lessen, limit, or distort competition in Malaysia are prohibited under the Competition Act. Image Source: Istock]. Conclusion.

Law 52

Law Marketing Marketing Contracts 52

Copyright Lately

JUNE 25, 2023

.” The complaint (read here) was filed on Friday by Sony’s Columbia Pictures against George Gallo and Robert Israel, who co-wrote a story called “Bulletproof Hearts” on which the first film in the comedy franchise Bad Boys was based.

Copyright 76

Copyright Copying Social Media Business 76

LexBlog IP

MAY 12, 2023

In Dental Services v. In JTH Tax, LLC d/b/a Liberty Tax Service v. Agnant , the Second Circuit rejected a franchisor’s argument that a stipulation of irreparable harm in its franchise agreement created that presumption; see Davis Gilbert’s Neal Klausner’s post on that ruling. Are NDAs being abused?

Confidentiality 40

Confidentiality Ownership Blogging Litigation 40

SpicyIP

OCTOBER 2, 2023

Godabari Agro Machinery and Services India Pvt. 1 violated an earlier interim injunction whereby it was allowed to use the mark “Haldiram Bhujiawala” as per the settlement agreement between the plaintiff and defendant no. Case Summaries Kubota Corporation v.

Licensing 59

Licensing Trademark Intellectual Property Copyright 59