Tag: infringement

Natural Law and Patent: American Axle case

American Axle involved allegations of infringement of a patent pertaining to a method for attenuating driveline vibrations in order to reduce vehicle noise. The district court applied the Supreme Court’s two-step framework for analyzing patent ineligibility and held that the asserted claims were patent ineligible. The court found that the claims were “directed to” natural laws … Continue reading Natural Law and Patent: American Axle case

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TM And Design Patent Conflict Example

TM And Design Patent Conflict Example: For a long, when we compare the trademark with that of a design, the inclusion of a trademark in the design was not meant much when we talk about the design patent infringement analysis. In one of the recent cases of Columbia Sportswear North America Inc. vs. Seirus Innovative … Continue reading TM And Design Patent Conflict Example

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Daimler AG and Avanci enters patent licensing deal

Daimler AG has entered an agreement with patent licensing pool Avanci covering standard-essential 4G patents. Avanci acts as a one-stop marketplace for standard-essential patents owned by 47 companies, including Ericsson and Qualcomm, which cover 4G, 3G and 2G technology used in connected vehicles. Avanci last year launched a new patent pool for the auto industry … Continue reading Daimler AG and Avanci enters patent licensing deal

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Groundless Threats For Patent Infringement: Analysing S.106 Of Patents Act,1970

INTRODUCTION A groundless threat is one when a party threatens another party with legal proceedings without having a basis for the threats. The threat could be produced in the form of either written communication or orally. For instance, if a threat to prosecute for infringement is made where there has been no infringement, or the … Continue reading Groundless Threats For Patent Infringement: Analysing S.106 Of Patents Act,1970

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District Court Decides Which Party was the Wrongdoer in the Ballet Shoes Trademark Case

I.M. Wilson, is a Pennsylvania corporation which operates in King of Prussia in Pennsylvania and sells a variety of dance-related products, including ballet shoes and printed shoes. The founder of the corporation is Irene and the President is I.M. Wilson. OOO Grichko is a Russian company that manufactures and sells dancewear products, including ballet shoes … Continue reading District Court Decides Which Party was the Wrongdoer in the Ballet Shoes Trademark Case

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DRS Logistics Vs Google: Liability For Using Third Party Trademarks As Keywords

INTRODUCTION With advancements in technology and the introduction of the Internet, our personal and social life has majorly been influenced by the internet or cyberspace. In order to meet the increasing demand of the market, businesses are also making a shift to the virtual world. These days businesses are adopting various advertising and marketing strategies … Continue reading DRS Logistics Vs Google: Liability For Using Third Party Trademarks As Keywords

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Can A Passing-Off Action Be Filed Against The Infringement Of Shape Of A Good? A Case Analysis

Introduction: Have you ever wondered if a bottle shape may be trademarked? Typically, The Designs Act, 2000 protects these aesthetic appearances and establishes the essential specifications that are deemed to be the conditions for a design’s registration under the Design Act, 2000. The shape of bottles, on the other hand, is regarded as distinctive and … Continue reading Can A Passing-Off Action Be Filed Against The Infringement Of Shape Of A Good? A Case Analysis

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Comparative Advertisement: Judicial Trends In The Contemporary World

INTRODUCTION: In many nations, comparative advertising is a common form of commercial advertising. The word “comparative advertisement” refers to a comparison of an advertiser’s goods and services to those of a competitor. The goal of comparative advertising is threefold: to raise public awareness through honest comparison, to promote the brand, and to increase market sales. … Continue reading Comparative Advertisement: Judicial Trends In The Contemporary World

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Liabilities of an Infringer in an Infringement Suit: A Case Analysis

Introduction: In the recent judgment of the Delhi High Court dated 13th December 2021, it was observed that “When an infringer seeks to defend patent infringement on the ground that the patent is invalid, the onus to prove the invalidity of patent lies heavily on an infringer and this standard has to be met when … Continue reading Liabilities of an Infringer in an Infringement Suit: A Case Analysis

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Cybersquatting & Regulatory Mechanisms

Cyber Squatting is a word that has come to be linked with the registration of domain names without the objective of using them, in the names of popular brands or personalities exclusively for the purpose of making money. The crux is that “name” belongs more appropriately to another entity. Secondly, the registrant is targeting to … Continue reading Cybersquatting & Regulatory Mechanisms

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