Tag: trademark

Romag Fasteners Inc V Fossil Inc : Trademark and Wilful Infringement

Romag Fasteners Inc V Fossil Inc : Trademark and Wilful Infringement, Fasteners, Inc. is an American company involved in manufacturing magnetic accessory & products such as snaps, clasps, fasteners, closures, etc. With its production and distribution centres located in the U.S, Europe, and Asia, the company is known internationally for its signature product – the … Continue reading Romag Fasteners Inc V Fossil Inc : Trademark and Wilful Infringement

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A Trademark Could Be A Smell Mark : A Comparative Analysis of US, UK and India

Non-Traditional Trademarks: A Trademark Could Be A Smell Mark: It is common to see a device, a label, or even a name signature having the suffix TM. But what about the sounds and smells of products? Can they be trademarked as well? This is where Non-Traditional Trademarks come into the discussion. These marks pertain to … Continue reading A Trademark Could Be A Smell Mark : A Comparative Analysis of US, UK and India

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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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Reinforcing ‘Traditional Brands’: Registering Protected Geographical Indication In India

Introduction A GI is a sign used on products that have a specific Protected Geographical Indication origin and possess qualities or a reputation that are due to that origin. A few examples of GIs in India are Pashmina from Jammu & Kashmir, Banarasi Sarees from Uttar Pradesh, Darjeeling tea from West Bengal, and Feni from … Continue reading Reinforcing ‘Traditional Brands’: Registering Protected Geographical Indication In India

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Proposed Amendment In IP And Trademark Law For search Protection Of Sound-Mark In Vietnam

Vietnam is proposing to amend its law to allow registration of sound mark, that is, sound acting as a trademark. A sound trademark, or sound mark, is a trademark where a unique sound performs the typical functions of a trademark search – distinguishing the origin of a product or service. The Vietnamese government has proposed … Continue reading Proposed Amendment In IP And Trademark Law For search Protection Of Sound-Mark In Vietnam

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The Shifting Balance Of Convenience Under Indian Trademark Law

The case of Moonshine Technology Private Limited vs. Tictok Skill Games Private Limited and Others was decided by the Delhi High Court regarding the trademark infringement of the plaintiff’s registered trademark over the word “Baazi” by another gaming company using the word Baazi as a part of the poker game’s title as “WinZoBaazi”. The plaintiff … Continue reading The Shifting Balance Of Convenience Under Indian Trademark Law

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Scuffle Between Indiana Common Law and Lanham Act for Unfair Competition Claims Equally Covered

Renee Gabet, the owner of Annie Oakley enterprises (“plaintiff”)  filed a civil action against amazon Inc on the ground of selling their trademark infringed product on the website at the United States District Court for the Southern District of Indiana,  (“Indianapolis Division”, “Court”) under Lanham act and Indiana common law which includes a claim for … Continue reading Scuffle Between Indiana Common Law and Lanham Act for Unfair Competition Claims Equally Covered

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Battle Of The Brands: Easygroup Can’t Take It ‘Easy’ Against Skyscanner

In yet another case of Easygroup Ltd. V. Skyscanner, Inc, the United States District Court Southern District of Florida (“Court”) took trademarks to the mat. This case examined the infringement of four registered trademarks in the United Kingdom, as well as the shared liability for passing off. On January 7, EasyGroup, a British company, filed … Continue reading Battle Of The Brands: Easygroup Can’t Take It ‘Easy’ Against Skyscanner

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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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Credible Proof Required For Ascertaining The Likelihood Of Confusion

Trademark is an important part of the company’s branding, it is important to safeguard the trademark and have effective protection. One such current case was of Hard Candy which is a company that is involved in the industry of cosmetics. HARD CANDY mark was filed for trademark by the predecessor of the company in 1995. … Continue reading Credible Proof Required For Ascertaining The Likelihood Of Confusion

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