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Trademark Tag

SURANA & SURANA > Posts tagged "Trademark"

Understanding Trademark Infringement and Intermediary Liability: Legal Perspectives in the Digital Age

P. Saranya - Senior Associate, Intellectual Property Practice Introduction: In the modern era of e-commerce and digital platforms, intellectual property rights face unprecedented challenges, especially concerning trademark infringement and intermediary liability. Trademark infringement and intermediary liability are two critical issues at the intersection of intellectual property law and digital commerce. Accordingly, under the e-commerce platforms and online marketplaces, the dynamics of trademark protection and the responsibilities of intermediaries have evolved significantly. This article provides an in-depth analysis of trademark infringement, the concept of intermediary liability, and the legal frameworks governing these areas in the digital age. Trademark Infringement: Trademark infringement occurs when a...

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TRADEMARK LICENSING: KEY CONSIDERATIONS FOR BRAND OWNERS AND LICENSEES

Jai Vignesh K - Associate, Intellectual Property Practice Introduction Trademark licensing is a common practice in the business world where brand owners grant permission to other parties to use their trademarks in exchange for a fee or royalty. This allows the licensee to benefit from the brand recognition and reputation of the trademark owner, while providing the trademark owner with an additional revenue stream. However, the process of trademark licensing can be complex and fraught with potential pitfalls for both brand owners and licensees. In this article, we will explore the key considerations that brand owners and licensees should keep in mind...

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IPR NEWS – MARCH

Huawei Secures Patent Agreements with Vivo and Amazon Huawei has inked significant patent agreements with leading tech companies, Vivo and Amazon. The deals involve cross-licensing intellectual property to foster innovation and avoid potential legal disputes. The agreement with Vivo includes the exchange of patents related to smartphones, promoting collaboration and technological advancements in the competitive mobile industry. Simultaneously, Huawei's patent deal with Amazon focuses on a broader range of technologies, supporting both companies' commitment to innovation in diverse fields. These agreements highlight Huawei's strategic approach to intellectual property, fostering cooperation while protecting its technological assets. The collaborations aim to advance research and development...

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IPR NEWS – SEPTEMBER

Renowned Authors, Including Grisham and Martin, Sue OpenAI Over Copyright Concerns Seventeen prominent authors, including John Grisham, George R.R. Martin, and Jodi Picoult, have filed a lawsuit against OpenAI, alleging copyright infringement. The authors claim that OpenAI's language model, GPT-3, is being used to generate content that mimics their writing style, posing a threat to their intellectual property. The lawsuit contends that OpenAI's GPT-3 generates text that closely resembles the authors' work, potentially leading to confusion among readers and devaluing their unique literary voices. The authors seek to protect their creative works and maintain control over their intellectual property rights. OpenAI...

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IPR AND WHITE COLLAR CRIME

IPR AND WHITE COLLAR CRIME

N. Vignesh Kumaran Senior Associate & Patent Agent, Intellectual Property Practice IPR Intellectual property (IP) includes intangible creations of the human intellect, which can be an idea, invention, literary creation, unique name, business method, industrial process, chemical formula, and computer program. The IP is considered an important part of economic, social, and cultural development, laws have been created throughout the world to define and protect the rights of those who develop IP through patents, copyrights, trademarks, and trade secrets, and are enforced primarily through civil action and criminal prosecution. WHITE COLLAR CRIME White-collar crime is commonly known as financially motivated, nonviolent crime committed by businesses and government professionals.The...

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IP NEWS WEEKLY UPDATE – 12 JAN 2022

AWS Music marks opposed by Amazon Amazon Technologies Inc. is opposing the registration of the mark “AWS MUSIC” claiming that the consumers are likely to be confused, mistaken, or deceived into believing that the goods offered under the newly applied AWS MUSIC mark are in some way endorsed by Amazon. It is also claimed by the Opponent that the company is the owner of 50 domestic registrations and pending trademark applications for its AWS Marks, covering a wide-range of goods and services and because of the company’s prior adoption and continuous use of the marks since 2002 and its substantial investment in...

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IP NEWS WEEKLY UPDATE – 6 SEP 2021

IPR News update template - 6 Sep

Zed Lifestyle Pvt. Ltd. Vs. Hardhik Mukeshbhai Pansheriya The Plaintiff holds 18 registrations for the mark ‘BEARDO’ inclusive of Class 3. The Defendant holds registrations in Class 7 and 11 for the identical mark ‘BEARDO’ to which rectification proceedings are pending before the Trade Marks Registry. The Plaintiff has successfully satisfied the criteria envisaged under Section 29(4)  of the Trade Marks Act, 1999 by virtue of which an injunction order was passed restraining the Defendants from using the impugned mark as it is or in conjunction with any other figure or manner. The Delhi High Court further ordered the Defendants to...

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IP News Weekly Update – 26-31 July 2021

IP News Weekly Update – 26-31 July 2021

Trademark tiff on ‘Natural Ice creams’  The Plaintiff, Siddhant Icecreams LLP & Kamath Ourtimes Icecreams Pvt. Ltd. sued a Gujarat-based company and another for infringing the use of the term “Natural Ice Cream”. The Plaintiff is seeking damage and compensation of nearly 150 crore for infringement of its registered trademark that has been in widespread popular use since 1984. The Defendant also alleges long-standing yet subsequent use of its impugned trademark since 1992 and opposes the claims of the Plaintiff. The Bombay High Court held that Plaintiffs have a prima facie case and balance of convenience in their favour and against...

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IP News Updates – July 28, 2021

IPR News

CJEU affirms Pirelli’s tyre groove trade mark The Court of Justice of the European Union (CJEU) has settled the long pending dispute between Pirelli & Yokohama as regards the validity of Pirelli’s tyre groove trade mark registered in Class 12 in respect of tyre products & related accessories. CJEU has affirmed the validity of the said trade mark based on the fact that the trade mark is in respect of a single groove which, by itself, is not capable of producing any technical result. Re-establishment of IPAB recommended by Bipartisan Parliamentary Committee on Commerce The parliamentary committee has recommended re-establishment of the IPAB...

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