Trademark Infringment Archives

Latest Trademark Cases in 2022 – Part 4

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: Lenskart Solutions Pvt. Ltd. v. M/s. Lenspark Optician The Plaintiff, an eyewear company selling various products throughout the country, contended that had it adopted and used the fanciful and inherently distinctive trademark “LENSKART” since 2009. Additionally, the Plaintiff contended that it was the owner and proprietor of the copyright in the original artistic work contained in the label. Lastly, the Plaintiff claimed that…

April 20, 2022 BananaIP Reporter Intellectual Property 0Comment 5116Views 2Likes

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The image depicts the letters T and M as the post is about trademarks and distinctiveness and dilution. Click here to read the post.

Should Distinctiveness Have Anything to Do with Dilution – By Nandan Pendsey, IP Attorney, USA

Evolution of Dilution as a Remedy: The theory of Dilution as a means of protecting a trademark was first propounded by Frank Schechter in his research article, “The Rational Basis for Trademark Protection”. He advocates in this article that the real function of trademark law is to identify a product as satisfactory and thereby stimulate further purchases by the consuming public. He further says that the real injury to a trademark is the gradual whittling away or dispersion of its…

May 10, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 824Views 0Like

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Social Media, IP and Business- A Presentation by Dr. Kalyan Kankanala

This presentation was delivered by Dr. Kalyan Kankanala as a part of a seminar on intellectual property, social media and business. The seminar was attended by IP professionals as well as corporates. The presentation entitled ‘Social Media IP and Business’ covered the following topics. Various types of IP on Social Media- Patents, Copyrights, Trademarks, Trade Secrets, Publicity Rights. Intellectual property violation on Social Media- Direct Contact, Take Down, instances Infringement. Let’s Go Crazy lawsuit Examples of…

November 17, 2015 BananaIP Reporter Social Media Law 0Comment 677Views 0Like

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Trademark Infringement in the Automobile Industry Part III: Bentley Trademark suit

In furtherance of the previous post about the BMW Emblem case , the current post is regarding the luxury automobile manufacturer, Bentley Motors Inc, which prevailed in a trademark infringement lawsuit against the makers and installers of kits that transform more modest vehicles into virtual clones of the Bentley. The crux of the issue here is, whether producing and installing external body kits to inexpensive vehicles to seem similar to high-end luxury automobiles constitutes trademark infringement and dilution of the…

November 3, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1334Views 0Like

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Trademark Infringement in the Automobile Industry Part II : BMW Emblem case

This post discusses the scope of protection of black and white trade mark registrations in infringement proceedings. The OHIM (Office for Harmonization in the Internal Market) made the announcement, on 15 April, 2014, about a new common practice for trademarks registered in black and white. The OHIM and the participating national offices have now issued a Common Communication, together with details of the implementation process. As per the new Common Practice, a black & white (or grayscale) mark will only be considered…

November 3, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2004Views 0Like

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Celebrating 20 Years of IP Excellence

Latest Trademark Cases in 2022 – Part 4

Should Distinctiveness Have Anything to Do with Dilution – By Nandan Pendsey, IP Attorney, USA

Trademark Infringement in the Automobile Industry Part III: Bentley Trademark suit

Trademark Infringement in the Automobile Industry Part II : BMW Emblem case

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