The IPKat

DECEMBER 19, 2021

TRADE MARKS When it comes to trade mark disputes, Italian football club AC Milan recently lost a match against German company InterES (and yes, the company name is not intentional). Wilkof discussed patent trolling and the long debate about it and whenever this topic might still be relevant and deserving of attention.

Patent Troll 78

Patent Troll Copyright Reporting Blogging 78

IP and Legal Filings

FEBRUARY 13, 2023

Introduction Parallel Imports refer to the act of purchasing genuine goods sold legally in one country and exporting the same to another country for resale usually for a price lower than what is prevalent in the importing country. Section 30 (3) says that once a person lawfully acquires a product and deals with that product by selling etc.,

Marketing 82

Marketing Marketing IP Intellectual Property 82

The IPKat

DECEMBER 17, 2023

Here are some of the things to look forward to in 2024: Framing IP Rights in Legal, Economic, and Cultural Settings Swansea University's Institute of International Shipping and Trade Law have announced the conference entitled “Framing IP Rights in Legal, Economic, and Cultural Settings,” which will take place on 12 - 13 June 2024.

Intellectual Property Law 70

Intellectual Property Law Branding Brands Branding 70

The IPKat

MAY 8, 2022

Kat friend Sarah Neil brings the following cautionary tale when the Registry gets over its trade mark skis on the issue of bad faith. The issue of bad faith is rarely raised before the UK IPO in trade mark matters. The latter restricts the Registrar’s power to act pre-grant for the protection of section 5 rights. •

Licensing 92

Licensing Related Rights Registration Publishing 92

The IPKat

DECEMBER 5, 2021

Further analysis on the topics of authorship of computer-generated works, text and data mining exception, and inventorship in case of inventions created by AIs was published on the Kluwer Copyright Blog. The SpicyIP blog published a brief analysis of the situation and explained why the topic of cultural appropriation matters even more today.

Blogging 67

Blogging IP Intellectual Property Publishing 67

SpicyIP

JANUARY 1, 2024

Furthermore, the Court ruled that considering the design of both logos where ‘GK’ is prominently visible and the words ‘WELLNESS’ and ‘HAIR’ are in a disproportionately smaller font, it was likely that a consumer may be confused between the two products and granted the injunction against the defendant’s use of the impugned mark and the logos.

Intellectual Property 105

Intellectual Property IP Licensing Copyright 105

The IPKat

AUGUST 27, 2023

This course leads to the appropriate qualification for European patent attorneys (who are entitled to act as professional representatives before the EPO in accordance with Article 134 EPC) to represent parties before the Unified Patent Court according to Article 48 AUPC.

Editing 52

Editing Litigation Designs Design 52

IP and Legal Filings

JULY 5, 2023

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. The Registrar evaluates the application and determines grounds for denial under Trademarks Act Sections 9 [1 ] and 11 [2].

Trademark 59

Trademark Registration Branding Brands 59

The IPKat

MARCH 6, 2022

TRADE MARKS The so-called "metaverse" and "non-fungible tokens" (NFTs) have generated hype among technology enthusiasts over the past two years. In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine.

Blogging 85

Blogging Non-Fungible Tokens IP Intellectual Property 85

The IPKat

AUGUST 28, 2021

Copyright PermaKat Eleonora Rosati shared her analysis of the judgment in VG Bild-Kunst (C-392/12), issued by the Court of Justice earlier this year [see also an earlier post by Eleonora on the same topic here ]. Trade marks The SkyKick legal saga continues [earlier instalments discussed by The IPKat here ]. Zappalaglio.

Patent Troll 70

Patent Troll Inventor Marketing Marketing 70

IPilogue

DECEMBER 6, 2021

As part of the course requirements, students were asked to write a blog on a topic of their choice. However, HBC’s registration over its design mark was expunged by the Canadian Intellectual Property Office on September 24, 2020 for failure to renew. HBC presumably relies on its remaining registered marks to argue that Zellers Inc.

Trademark 111

Trademark Intellectual Property Intellectual Property Law Registration 111

The IPKat

NOVEMBER 27, 2023

Darren Meale of Simmons & Simmons presents the thirteenth volume in his rundown of notable trade mark cases over the past six months. It is also a neat illustration of the potential for trade mark disputes to arise, and be aired in court, long after the competing brands enter the market.

Editing 70

Editing Registration Branding Brands 70

Kashishipr

JANUARY 12, 2022

They qualify as a metadata tag and aid the user to create, identify, follow, and contribute to a particular conversation or a topic on social networking sites and across other internet applications. The defendant instead of using the bare marks used them as #Cloudpen and #Cloudpenz. Answer the Big Question.

Trademark 105

Trademark Registration Registering Trademarks Social Media 105

The IPKat

JULY 30, 2023

The IPKat is pleased to publish a guest post by Kat friend Theodora Goula (Hugo Boss), discussing second-hand fashion and trade mark rights per European law. of the Trade Mark Directive , significant damage to a trademark’s reputation is a valid reason for trademark owners to oppose further commercialization of the goods.

Branding 97

Branding Brands Branding Advertising 97

LexBlog IP

APRIL 11, 2023

In a precedential decision, the Trademark Trial and Appeal Board (the “Board”) reversed six refusals to register The New York Times Company’s (the “Times”) names of its newspaper columns, THE NEW OLD AGE, A GOOD APPETITE, HUNGRY CITY, WORK FRIEND, OFF THE SHELF, and LIKE A BOSS (the “Marks”).

Registration 52

Registration Trademark Advertising Advertising 52

The IPKat

AUGUST 3, 2023

He primarily focuses on trade marks as part of his current position but has been involved in matters spanning across a range of soft-IP rights (particularly, copyright and design right disputes) in previous roles, whilst in private practice. Alessandro works as in-house legal counsel in the global IP team of Warner Bros.

IP 52

IP Intellectual Property Technology Government 52

The IPKat

APRIL 26, 2022

The event shall tackle the use of gender-neutral language in decisions, potential priority for the selection process and other relevant topics. This year’s topics will include mental health as well as diversity, equity, and inclusion. Registration can be made on the event's website.

Intellectual Property 67

Intellectual Property Registration IP Branding 67

IIPRD

APRIL 13, 2023

Introduction The Jan Vishwas Bill, which attempts to decriminalise small offences by changing 183 provisions in 42 Acts with a view to enhance business ease, was introduced by Commerce and Industry Minister Piyush Goyal in the Lok Sabha in December 2022. The Supreme Court has recently taken a very controversial position on this issue.

IP 52

IP Copyright Infringement Copyright Government 52

The IPKat

JULY 17, 2023

This was important because where a mark is determined to be an “expressive work”, US courts have historically applied the threshold test derived from the First Amendment in the Rogers v Grimaldi decision. Bad Spaniels (L), Jack Daniel's (R). It had, in fact, chosen to register several of its other products’ names as trademarks.

Fair Use 52

Fair Use Trademark Designs Design 52

SpicyIP

MARCH 4, 2024

Controller Gen of Patents: The DHC’s Dilemma of Identifying the Method of Treatment under Section 3(i) of the Patent Act In the context of Section 3(i), the DHC recently clarified that a ‘method of treatment’ is distinct from a ‘method of producing a substance’ that can later be used in the treatment. Arthrogen v.

Invention 59

Invention Trademark IP Patent 59

LexBlog IP

FEBRUARY 26, 2023

“ ChatGPT replied: The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. The first trademark registration system was established in the United Kingdom in 1875 with the Trade Marks Registration Act.

Trademark 52

Trademark Designs Design Journalism 52

The IPKat

NOVEMBER 9, 2021

Topics ranged from the trends being seen in online fashion commerce post-pandemic, to counterfeiting issues and how to deal with them, through to the legal changes and updates coming up that will impact both marketplaces and the brands that use them. The panel also discussed the incoming Digital Markets Act (DMA) and its expected impact.

Reporting 128

Reporting Law Due Diligence Branding 128

The IPKat

FEBRUARY 13, 2022

The IP blogs have been active over the past week bursting with a wide range of different topics. TRADE MARKS It's time to take a look at last year's statistics. More questions and answers on this interesting topic have been discussed in detail by the Kluwer Copyright Blog here. In 2021, there was a 14.4%

Blogging 52

Blogging IP Copying Copyright 52

43(B)log

FEBRUARY 16, 2024

As you may or may not recall, §32 of the Lanham Act provides for a cause of action for infringement of registered marks; courts have read 43(a) to provide a similar cause of action for “unregistered marks”—matter that is not registered with the PTO but serves a trademark function of indicating source. Taco Cabana, from 1992.

Trademark 59

Trademark Fair Use Registration False Advertising 59

LexBlog IP

JUNE 29, 2023

The latest Federal Trade Commission (FTC) Made in the USA (MUSA) case may be a bit of a head-scratcher that requires us to delve more deeply into FTC authorities and monetary recovery theories. Getting monetary relief under the FTC Act is, however, more complicated than alleging a straightforward Rule violation. origin claims.

Litigation 52

Litigation Intellectual Property 52

The IPKat

AUGUST 31, 2022

The IPKat is pleased to host the following contribution by Katfriend Marianna Ryan (Edwin Coe and King's College London) on the topical issue of how Decentralised Autonomous Organisations (DAOs) are to be treated and what IP issues come with them. By analogy, the position of DAOs in relation to trade marks will depend on their legal status.

Ownership 134

Ownership IP Contracts Inventor 134

The IPKat

JUNE 3, 2022

Yesterday, Advocate General (AG) Szpunar issued his Opinion [not yet available in English] in which he advised the CJEU to rule that, at the conditions described by the referring courts, a marketplace operator would not be directly liable for trade mark infringement. Let’s see how the AG reasoned.

Marketing 52

Marketing Marketing Advertising Advertising 52

IP and Legal Filings

JANUARY 19, 2023

The recent case of Revlon is related to bankruptcy but focusing on the other side, the case has brought the attention to the topic that could be of useful to intellectual property rights that is the relation of IPR and the bankruptcy. In the case of Revlon Inc. This will help TMR to block assignment during this period.

Intellectual Property 86

Intellectual Property Licensing Trademark IP 86

SpicyIP

AUGUST 15, 2021

Topical Highlight. They discuss the best potential route for a compulsory license under the Indian Patents Act, and the ways in which the government can make the best use of it. Ensuring Access to TB drugs: Is Compulsory License the Way? Richfield Industries Pvt. 6 August, 2021]. 6 August, 2021]. The Delhi High Court in Star India Pvt.

Licensing 83

Licensing Government Reporting Patent Law 83

Selvam & Selvam Blog

APRIL 5, 2022

It refers to marketing in respect of trending topics/events usually undertaken by brands to gain traction and benefit from the popularity that the trending events have garnered. Therefore, brands constantly look to create campaigns or post about any current topic to encash on such opportunities to stay relevant and visible.

Marketing 40

Marketing Marketing Social Media Personality Rights 40

IPilogue

JANUARY 14, 2022

On June 28, 2021 , the College of Patent Agents and Trademark Agents Act came into force. The Act established the College of Patent Agents and Trademark Agents (‘ College ’), an independent public interest regulator of patent and trademark agents in Canada. of the Patent Act on June 24, 2016. v Sandoz Canada Inc.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

The IPKat

FEBRUARY 23, 2023

In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ). 7) of the PD Interpretation, condemned a type of act that was not enumerated in Article 4.2(1)-(6) 01125315.0 ).

Settlement 70

Settlement Patent Infringement Patent Intellectual Property 70

LexBlog IP

JANUARY 3, 2022

District Court for the District of Florida, a healthcare product manufacturer’s claim of trade secret misappropriation against a competitor and a customer was thrown out on summary judgement. at *35 (quotation marks and citation omitted); 18 U.S.C. § Healthcare Res. Econatura All Healthy World, LLC , No. LEXIS 206871 (S.D.

Branding 52

Branding Brands Branding Confidentiality 52

The IPKat

JULY 7, 2023

Moreover, it could act as a useful tool to mix technology and policy, especially given its eventual accessibility and inclusivity. The first panel analysed the role of trade marks and designs in relation to several aspects of the digital and virtual environments.

Reporting 86

Reporting Music IP Intellectual Property 86

The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ). 50 of 24.4.2017).

Designs 70

Designs Design Patent IP 70

IP and Legal Filings

MARCH 7, 2022

As a result, the trademark act was adopted in 1999 to grant the owner of the mark exclusive rights to use the mark and prohibit unlicensed individuals from doing so. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 63

Trademark Law Registering Trademarks Branding 63

IP and Legal Filings

MARCH 7, 2022

As a result, the trademark act was adopted in 1999 to grant the owner of the mark exclusive rights to use the mark and prohibit unlicensed individuals from doing so. As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement.

Trademark 59

Trademark Law Registering Trademarks Branding 59