SpicyIP

AUGUST 22, 2022

Hermes, the owner of the Birkin trademark and trade-dress in USA, promptly sent OpenSeas a cease-and-desist notice. They have since filed a lawsuit against Rothschild in the District Court of the South District of New York for, inter-alia , trademark infringement on grounds of source confusion under section 43(a) of the Lanham Act 15 U.S.C.

Trademark 130

Trademark Fair Use Registering Trademarks Non-Fungible Tokens 130

Intepat

DECEMBER 6, 2022

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. The Appellant had initially filed a suit restraining the Respondent from using the trademark “Sai Renaissance” along with any other trademark similar or identical to the Appellant’s trademark.

Trademark 98

Trademark Trademark Law Registering Trademarks Law 98

IP and Legal Filings

JANUARY 27, 2023

Introduction A trade mark provides protection to its owner by securing the owner’s exclusive right to use it or by granting another party permission to do so in exchange for money. In other words, trademarks identify a certain corporation as the source of products or services.

Trademark 79

Trademark Registering Trademarks Registration Intellectual Property 79

IP and Legal Filings

AUGUST 11, 2023

This is primarily because of the clash between the traditional concept of trademarks and the ever-growing need to find newer ways to differentiate one’s product and services from competitors. [1] 5] So, the three qualifications of a trademark are: it is a mark, it is graphically represented, and it has the ability to distinguish itself. [6]

Trademark 81

Trademark Registration Intellectual Property Intellectual Property Law 81

SpicyIP

OCTOBER 30, 2023

Recently, Sumitomo Rubber Industries filed an unusual application seeking to register an olfactory mark as a wordmark! The article analyses Sumitomo’s application and the requisites for registration of an olfactory mark. Currently, olfactory marks are considered not acceptable by the EUIPO (see here ).

Registration 52

Registration Trademark Intellectual Property Law Intellectual Property 52

IP and Legal Filings

JANUARY 5, 2023

The origins of trade mark law can be traced back to the industrial revolution in the 18th century which is when the world experienced an explosion in the use of trade marks with the heightened production of goods and the acceleration of international trade. INTRODUCTION. This led to consumer deception.

Trademark 84

Trademark Branding Brands Branding 84

IP and Legal Filings

NOVEMBER 22, 2023

Following are the measures to be taken care of while taking nominative fair use as a defence – The use of the registered trade mark was bonfide. Google India Pvt. When using the mark, the user must do nothing that suggests sponsorship or endorsement by the trademark owner. The Delhi High Court in the case of PepsiCo.

Fair Use 88

Fair Use Advertising Advertising Branding 88

Selvam & Selvam Blog

FEBRUARY 16, 2023

In a trademark infringement suit filed by Hermes International, one of the prayers by HERMES is that the mark of Hermes is declared as a well-known trademark within the meaning of Section 2(1)(zg) of The Trade Marks Act, 1999. The duration, extent and geographical area of any use of that trademark.

Trademark 52

Trademark Registration Advertising Advertising 52

SpicyIP

DECEMBER 5, 2022

Delhi High Court decreed the suit in favor of the Plaintiff and inter alia directed the Defendant to assign its trademark ‘Saptrishi Sandhi Sudha India’ in favor of the Plaintiff, as undertaken by it in its affidavit. SpicyIP Tidbit: IPD Updates in Delhi, Calcutta and Madras High Courts. Indiyaa Distribution Network Llp vs P Singh & Ors.

Trademark 105

Trademark Registering Trademarks Registration IP 105

IP and Legal Filings

MARCH 8, 2023

Introduction The Respondents were sued by the Appellant, the owner and holder of the trademark “RENAISSANCE,” seeking a permanent injunction against the use of the allegedly infringing trademark “SAI RENAISSANCE” and any other marks that are confusingly similar to the Respondents’ mark, “RENAISSANCE.”

Registration 86

Registration Branding Brands Branding 86

Intepat

APRIL 11, 2023

Companies with longstanding monopolies in specific trade sectors are extremely protective of their dominance while Startups face significant challenges due to limited resources and staff. The SIPP will also play an important role in promoting the utilization of the services of the TISCs under the wider aim of developing and safeguarding IPRs.

Intellectual Property 52

Intellectual Property Government IP Patent Application 52

SpicyIP

MARCH 8, 2023

Winzo alleged that this disclaimer disparages its mark and thus denigrates its reputation. But this is an unique instance where a trademark suit has been filed for disclaimer/ warning that has been given alongside a mobile application. The text of the warning read as “This type of file may harm your device.

Advertising 104

Advertising Advertising Trademark Intellectual Property Law 104

IP and Legal Filings

MARCH 5, 2023

Introduction The complainant used the “RPG” word mark since 1979 and was an Indian industrial conglomerate with over twenty enterprises involved in infrastructure, tyres, technology, and specialty. Therefore, the plaintiff filed the present suit to restrain the defendants from carrying on their infringing activities.

Trademark 52

Trademark Registration Business Social Media 52

Biswajit Sarkar Copyright Blog

JANUARY 17, 2024

A recent legal tussle between German medical equipment giant VBM Medizintechnik GMBH and Indian entity VBM India Co (VBMIC) owned by Geetan Luthra, was filed in Delhi High Court has grabbed attention. The plaintiff German company was founded in Germany in 1981by Mr Volker Bertram.

Trademark 62

Trademark Intellectual Property Branding Brands 62

The TTABlog

JULY 6, 2021

Belmora ) had the TTAB tackled this issue, and here it reached the same outcome: cancellation of two registrations on the ground that Registrant Meenaxi used its registered marks THUMS UP and LIMCA to misrepresent the source of its soft drink products. Marks & Spencer Ltd., Not since the FLANAX case ( Bayer v. Otto Int’l Inc.

Registration 98

Registration Marketing Marketing Branding 98

IP and Legal Filings

MARCH 26, 2023

The image of “knitting needles” is shown herein below: According to Sections 9(1)(a) and 9(1)(b) of the Act, the examiner rejected the application and determined that the mark lacked any unique characteristics. As per Section 2(m) of the Trade Marks Act, 1999 (‘Act’), a ‘mark’ also includes the shape of goods.

Trademark 60

Trademark Registration Designs Design 60

IP and Legal Filings

JANUARY 19, 2023

As Revlon has also established its position in India so, considering the ‘trademark’, Revlon has a connection with India. Introduction Be it a trademark, patent, copyright, intellectual property has become an important part of the company’s success. In the case of Revlon Inc.

Intellectual Property 81

Intellectual Property Licensing Trademark IP 81

SpicyIP

OCTOBER 9, 2023

Highlights of the Week A Deeper Look into the Humans of Bombay and People of India Fiasco Image from here Humans of Bombay v. People of India might not just be another simple copyright infringement case, argue Nivrati, Swaraj and Praharsh in their post. mRNA technology was instrumental in developing the COVID-19 vaccines.

Social Media 59

Social Media IP Government Copyright 59

IP and Legal Filings

MAY 30, 2023

The general population enjoys visiting themed public spaces, particularly in India. Mr Ishant Kashiwal trading as the Hogwarts Kafe & Ors., [i] Trademark’s violation A trademark is a special symbol, word, or phrase that sets one company’s goods or services apart from those of competitors.

Trademark 59

Trademark Business Intellectual Property Trademark Law 59

SpicyIP

JULY 23, 2023

We also came across interesting orders from different high courts, notably the Delhi High Court decision on RX Prime and Canva’s patent infringement dispute and two orders on visual similarity between the competing marks. Anything important we’re missing out on? Drop us a comment below! Wine/Spirits.’

Trademark 98

Trademark IP Higher Education Moral Rights 98

Biswajit Sarkar Copyright Blog

JULY 19, 2023

Trademarks play a vital role for small and big businesses across the globe, serving a unique identity to the products and services of the business. The time duration of the use or promotion of the mark and the geographical area where it is used or promoted. The duration of the registration of the mark under the Trade Marks Act, 1999.

Trademark 52

Trademark Branding Brands Branding 52

SpicyIP

JUNE 12, 2023

Furthermore, as per the ruling, a business could be found liable for trademark infringement even if the competing marks were not identical and if it did not intend to cause confusion. Bombay High Court clarifies that for an interim relief, the plaintiff must file all the relevant documents. Anything important we’re missing out on?

Copyright 98

Copyright Advertising Advertising Trademark 98

SpicyIP

NOVEMBER 15, 2022

The Shape of Shape Marks in India. He highlights the court’s rationale on the need of acquired distinction for shape marks and criticizes this additional threshold arguing that it goes beyond the mandate of the legislature. Did we miss anything big? Let us know in the comments below! Highlights of the Week.

Trademark 105

Trademark Patent Copyright Designs 105

SpicyIP

MAY 8, 2022

We’re pleased to bring to you a guest post by Eashan Ghosh on the treatment of prosecution history in trade mark infringement proceedings. Inviting Into Our Consciousness: Prosecution History in Trade Mark Infringement. For mine, it is the treatment of prosecution history in trade mark infringement proceedings.

Intellectual Property 122

Intellectual Property Intellectual Property Law Registration Law 122

IP and Legal Filings

AUGUST 28, 2023

Introduction The nature of trade marks suggests that they are supposed to remain static over a period of time. However, we can trace the change in trend caused due to the evolution in trade marks over a span of time.

Branding 85

Branding Brands Branding Trademark 85

Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services. However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern.

Intellectual Property 76

Intellectual Property Registration Trademark Personality Rights 76

SpicyIP

MARCH 4, 2022

Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. According to them, they have been using this trademark in India since 1990. The respondent contested this, saying that RENAISSANCE is a generic word, not a well-known mark, and the class of consumers for both the marks is different.

Registering Trademarks 111

Registering Trademarks Trademark Blogging Government 111

IP and Legal Filings

MAY 20, 2022

A trademark works as an instrument to claim any sort of mark as your own. There are several kinds of trademarks in India that are eligible for registration the Trademarks Act 1999. These include wordmarks, service marks, certification marks, and many more. For example- the ISI certification mark.

Trademark 72

Trademark Service Mark Registration Registering Trademarks 72

SpicyIP

MAY 2, 2022

Singh awarded an interim injunction in favour of Makemytrip (within the territory of India) in the matter of Makemytrip India Private Limited vs Booking.com B. The plaintiff filed the suit seeking protection of its various registered trademarks used by Defendant No.1- Google India Pvt. Sangita Sharma. 1- Booking.com B.V

Registering Trademarks 119

Registering Trademarks Trademark Advertising Advertising 119

IP and Legal Filings

MAY 23, 2023

Image Sources : Shutterstock] Legal rights in domain names can be derived from these sources: registration of the name as a trademark ; prolonged use of the name for trading; or the biological name of a person. Inc under its well-known mark. 2] which was a dispute between two parties involving use of the mark “Montari”.

Business 52

Business IP Registration Trademark 52

SpicyIP

NOVEMBER 26, 2023

Emerald Enterprises vs Emerald Valves Private Limited on 21 November, 2023 (Delhi High Court) The Delhi High Court passed an ex-parte at interim injunction order restraining the defendants from using the mark “Emerald” for valves holding it to be deceptively similar to the plaintiff’s registered “Emerald” mark. Read on to know more!

Trademark 59

Trademark Registration Invention Social Media 59

SpicyIP

JUNE 17, 2022

As reported , Revlon, the iconic cosmetics brand, has filed for bankruptcy. Revlon, however, has a more direct connection with India in the trademark sense. The Trade Marks Registry (TMR) lists Revlon and its related brands as ‘well-known’ trademarks in India since 1997. v Sarita Manufacturing Co., 1997 PTC 394.

Trademark 126

Trademark Social Media Branding Brands 126

Kashishipr

JANUARY 12, 2022

The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally. Protecting a hashtag can be a good marketing strategy as it enables businesses to connect and reach a wider audience that enjoys the same kind of goods or services.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

IP and Legal Filings

JANUARY 26, 2023

Introduction To Colour Marks In India Oscar Wilde famously said: mere colour can speak to the soul in a thousand different ways. 1] Words, numbers and labels are considered traditional marks, whereas position, texture, smell, sound, and colours are considered non-traditional marks. What Can Be Registered As A Trademark?

Registration 79

Registration Trademark Trademark Law Law 79

IP and Legal Filings

APRIL 14, 2023

However, in cases of trademarks that are well known amongst the general public in their specific sector of business wherein, they are applied, dilution of the mark takes place. Any mark, whether registered as a trademark or not can be protected under the Doctrine of Dilution. 33 crores in the year 2020-21 in respect of the said marks.

Trademark 84

Trademark Branding Brands Branding 84

Selvam & Selvam Blog

SEPTEMBER 16, 2021

Under the USA’s Post Registration Audit Program, a declaration of use must be filed between the fifth and sixth year of the validity of the registration of the trademark. The Applicant has the burden of proof to show proper usage of the mark for all the goods and services provided under the relevant classes.

Registration 52

Registration Trademark Branding Brands 52

IP and Legal Filings

JULY 5, 2023

Trademarks are used to identify and protect a product’s or service’s words and graphic components. In India, trademarks are controlled by the Trade Marks Act 1999, which lays out several rules that clarify the system and stages required for registering a trademark.

Trademark 59

Trademark Registration Branding Brands 59