Trademarks

Pakistan to challenge India’s Basmati GI in Europe, LEGO and Adidas Pen Multi-Year Partnership, Nintendo Cracks Down on Tiktok Star, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. INDIAN TRADEMARK UPDATES Madras High Court Grants Temporary Injunction Against the Use of Thirumala Dairy In a ... Read More

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Facebook refuses to take down allegedly infringing “Confidence Empire” site Download ... Read More

Image from here PepsiCo has suffered a blow in its 16 year long legal battle to secure trademark rights for its famous soda, ‘MOUNTAIN DEW’. The Additional Chief Judge of the City Civil Court of Hyderabad has recently ruled that the Hyderabad-based Magfast Beverages enjoys ... Read More

By La-Vaughnda A. Taylor Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Media/Technology, and General News Entertainment Quibi Streaming Service Meets Quick End Short-video app and $2 billion streaming experiment, Quibi, is shutting down just six months after its early ... Read More

The Court of Justice has said that reputation and enhanced distinctive character are not relevant to the assessment of similarity of the signs under Article 8(1)(b) of the Regulation and should only be considered in the assessment of likelihood of confusion. This is important because if the marks are not ... Read More

I think maybe there’s something really wrong with trademark law that this suit can be brought and can withstand a motion for summary judgment. Download ... Read More

By Bennett Liebman 'Shuffle Along' and Insurer Drop Pregnancy-Prompted Lawsuit, https://www.nytimes.com/2020/10/21/theater/shuffle-along-audra-mcdonald-insurer-pregnancy-lawsuit.html 'NERDS' PRODUCERS ACE ANGELS IN COURT, https://mailchi.mp/bwayjournal/sprecher-loses-rights-to-rebecca-2393705?e=198298f659 SAG-AFTRA and Actors' Equity Feud Over Streaming Rights for Theater Productions, https://www.backstage.com/magazine/article/sag-aftra-actors-equity-theater-streaming-rights-jurisdiction-71925/ Save Our Stages re-emerges in new Senate small business bill, https://broadwaynews.com/2020/10/21/save-our-stages-re-emerges-in-new-senate-small-business-bill/ Most U.S. theaters stay dark, 8 months after COVID-19 ... Read More

By Bennett Liebman Pro Gamblers Accuse NV Bookmaker Of 'Cheating' On In-Game Bets, https://sportshandle.com/pro-gamblers-william-hill-cheating/ A Biden-Harris Administration, Democratic Senate Paints Rosier Picture For Sports Betting Nationwide, https://sportshandle.com/biden-harris-administration-sports-betting/ NCAA executive: College sports' financial woes could last into 2023, https://www.usatoday.com/story/sports/2020/10/16/ncaa-executive-sports-covid-related-woes-could-linger-into-2023/3682211001/ Three Years Ago, the College Basketball Corruption Scandal Promised a Reckoning. Where ... Read More

There are still many IP professionals who are nostalgic of the “good old times” when instead of having to laboriously and meticulously identify the list of goods/services it was sufficient to simply indicate the “class heading” and et voilà you got protection for everything in the class. Yet, there were ... Read More

Template from here In an interesting turn of events, the Delhi HC on 12th October, 2020, vacated an interim injunction effectively permitting the Respondent (Treasure Vase Ventures Pvt. Ltd.) to use the impugned trademark ‘DELIVER-E’.  In doing so the court held that the Applicant’s (Delhivery ... Read More

While all eyes have been trained on the confirmation hearings from last week, the Supreme Court made news in the IP world. The Court granted certiorari in Arthrex v. Smith & Nephew (Nos. 19-1434, -1452, -1458), a decision analyzing the Appointments Clause, U.S. Const. Art. II, § 2, Cl. ... Read More

Jack Daniel’s Properties, Inc. has petitioned the Supreme Court of the United States for certiorari following an unfavorable ruling from the Ninth Circuit in the matter of VIP Products LLC v. Jack Daniel’s Properties, Inc. In that case, VIP Products sued Jack Daniel’s after receiving a cease-and-desist letter concerning ... Read More

Japanese confectionary company’s Pocky cookie stick’s shape was useful and not entitled to trade-dress protection. A functional design that is useful, even if it is not an essential feature of a product, is not entitled to trade-dress protection, the U.S. Court of Appeals for the Third Circuit determined, affirming dismissal ... Read More

By Eric Lanter Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Media/Technology, and General News Entertainment Broadway Will Be a While, But These Venues Say They're Ready Now There are venues throughout New York City that are seeking permission to ... Read More

Topical Highlight Delhi High Court Issues Anti Anti-Suit Injunction in InterDigital v. Xiaomi Patent Infringement Dispute In a guest post, Rajiv looks at the anti anti-suit injunction granted by the Delhi High Court (‘DHC’) against Xiaomi in the patent infringement dispute with InterDigital. He highlights that the court viewed the ... Read More

Image from here The multi-media conglomerate, Zee, has recently launched a pay-per-view service, ZEEPLEX. The service allows users to rent a movie from the platform by making a payment. This rent is valid only for 48 hours after the payment and the users can view ... Read More

By Bennett Liebman DraftKings, Penn National Rise as Legal Sports Betting Gets Closer in New York, Michigan, https://www.fool.com/investing/2020/10/14/draftkings-penn-national-rise-as-legal-sports-bett/ TURNER SPORTS DIVVIES UP SPORTS BETTING RIGHTS BETWEEN DRAFTKINGS, FANDUEL, https://www.sportico.com/business/sports-betting/2020/draftkings-turner-sports-ncaa-1234614958/ YANKEES' MINOR LEAGUE INSURANCE FIGHT SHEDS LIGHT ON PANDEMIC CLAIMS, https://www.sportico.com/law/analysis/2020/covid-19-business-interruption-insurance-1234614821/ RONALDO SEXUAL ASSAULT LAWSUIT REMAINS ON TRACK FOR TRIAL AFTER ... Read More

By Bennett Liebman Tony nominees issue calls for political action, financial support for Broadway, https://broadwaynews.com/2020/10/15/tony-nominees-issue-calls-for-political-action-financial-support-for-broadway/ The 2020 Tony nominations have been announced, and they're the weirdest ever, https://www.washingtonpost.com/entertainment/theater_dance/the-2020-tony-nominations-have-been-announced-and-theyre-the-weirdest-ever/2020/10/15/884dd802-0efe-11eb-8074-0e943a91bf08_story.html How Weird Were the Tony Nods? Well, How Weird Was the Season?, https://www.nytimes.com/2020/10/15/theater/tony-award-nominations-analysis-critics.html Tony awards 2020: unusual Broadway year leads to restricted ... Read More

PepsiCo loses ‘Mountain Dew’ to packaged drinking water maker MagFast, Trouble for Sony’s PS5 launch in India, Amazon warns Echelon Fitness over new ‘Prime’ bike and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. INDIAN TRADEMARK UPDATES Amul Blocks Fraudulent Use of the Brand Online In ... Read More

58% decrease in trademark registrations granted this week. A total of 7438 applications examined this week. These statistics have been compiled from the official journal of the trademark office published weekly on Mondays. INDIAN TRADEMARK STATISTICS There has been an overall decrease in the working capacity of the Trademark Registry. ... Read More

At the end of August 2020, the Russian competition authority (the “FAS”) issued two important decisions aimed at allowing a non-authorized import of trademarked products into Russia (so-called “parallel import”). Specifically, the FAS said that two major automotive producers violated competition law by restricting the parallel import of their parts ... Read More

By Angela Peco Edited by Elissa D. Hecker Below, for your browsing convenience, the categories are divided into: Entertainment, Arts, Sports, Media/Technology, and General News: Entertainment Supreme Court Will Not Hear 'Stairway to Heaven' Copyright Case The Supreme Court's decision not to hear the case leaves in place the appeals ... Read More

Topical Highlight Image from here IPAB to Fix Statutory Licensing Rate for Radio Royalties after 10 Years In this post, Adyasha discusses the IPAB’s recent interim order which maintains the status quo of the royalty rate for radio broadcasts under statutory licensing. Subsequently, IPAB issued ... Read More

By Bennett Liebman Breaking: Broadway Shutdown Extends Through May 2021, https://www.broadwayworld.com/article/Breaking-Broadway-Shutdown-Extends-Through-May-2021-20201008 There's Not Much Work for Actors. Now Their Unions Are Fighting., https://www.nytimes.com/2020/10/07/theater/actors-equity-union-battle.html Actors' Equity Denies Asking SAG-AFTRA For "Waiver" In Ongoing Jurisdictional Dispute, https://deadline.com/2020/10/actors-equity-sag-aftra-waiver-taping-live-theate-jurisdictional-dispute-1234593868/ Sarah Jessica Parker: We Must Save Broadway, https://variety.com/2020/legit/news/sarah-jessica-parker-broadway-1234794721/ After COVID-19 Shutdown, 7 Broadway Actors Return ... Read More

Ezxaki Glico v Lotte, 19-2010, Third Circuit, Oct 8, 2020 Plaintiff leaves parts of its thin cookie sticks uncoated by chocolate, so that you can hold it without getting chocolate on your fingers. The sticks are thin, so that you can have a bunch in the pack to share. Trade ... Read More

By Marc Jacobson, Esq. and Jerome M. Hesch, Esq. Marc Jacobson, Esq. of New York, New York is an entertainment lawyer practicing in the music, film and television industries. He is the Founding Chairman of the New York State Bar Association Section on Entertainment Arts and Sports Law, and is ... Read More

We’re pleased to bring you another guest post by Dr. Sunanda Bharti, discussing the interface of limited edition products with copyright, design and trademark laws in India, in light of the cancellation of Ferrari’s trademark registration for the shape of its 250 GTO car (only 39 units of which were ... Read More

Image from here We’re pleased to bring you a thought provoking post from Dr. Sunanda Bharti, discussing the position of law on registration and use of discriminatory trademarks and the need for prohibition on the same, in light of the recent ‘Fair & Lovely’ trademark ... Read More

As readers may recall, the General Court rendered a judgment around two years ago in the Asolo v Red Bull case (known under FLÜGEL – T-150/17 of 4 October 2018) ruling on similarity, or rather dissimilarity, between alcoholic and non-alcoholic beverages. While the FLÜGEL case concerned specifically energy drinks vs. ... Read More