Trademark Dilution and Comparative Advertisement
Trademark dilution and comparative advertisement in trademark law. Understand the grounds for trademark infringement and the elements needed to establish dilution or disparagement. Explore the importance of protecting registered trademarks and the limitations of comparative advertisement.
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Penalties and Remedies for Trademark Infringement and Passing Off
Registration of a trademark grants exclusive rights to the proprietor and allows legal action against infringement. The Trademark Act, 1999 provides remedies like injunctions, damages, and penalties for unauthorized use of registered marks. Infringement occurs when a registered trademark is used wit
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Understanding Fines Enforcement Registry and Court Processes
The Fines Enforcement Registry, operating under the Sheriff's directorate, enforces infringements and court fines in accordance with the Fines, Penalties, and Infringement Notices Enforcement Act 1994 (WA). The Registrar's discretion is limited, and clients must follow specific procedures to dispute
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Understanding the Intersection of 3D Printing and Patents in Law
Delve into the realm of 3D printing and patents through the lens of law, exploring the roles of key actors such as raw material suppliers, 3D printer machine suppliers, end-users, customers, and data file suppliers. Learn about patent infringement, exclusive rights conferred under TRIPS Article 28,
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Excessive Pricing in Pharmaceutical Markets: The Italian Experience
The presentation by Andrea Pezzoli explores the issue of excessive pricing in pharmaceutical markets, focusing on the Italian experience. It covers cases of infringement on excessive prices, such as the Aspen pharmaceutical group's fine for unfair pricing. The regulatory framework in Italy, includin
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Challenges of Practical Enforcement in Infringement Management
The study delves into the complexities of practical enforcement in infringement management, highlighting the challenges faced by researchers and co-authors Fabio Massacci, Nataliia Bielova, and Andrea Micheletti. Through a series of exercises and theoretical explorations, the team uncovers potential
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Legal Case Study: Czech Olympic Committee vs. Budjovick Budvar
Czech Olympic Committee took legal action against Budjovick Budvar for infringement of Olympic properties and unfair competition during the 2006 Winter Olympics. The case involved ambush marketing tactics and resulted in a public apology, damages of EUR 90,000, and legal costs. Despite a rejected co
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Enforcing EEA Competition Law in Iceland: Fines and Actions
Discussion on enforcing EEA competition law in Iceland, covering topics such as setting appropriate fines, actions ESA can take against Icelandic entities, and examples of fines imposed on companies like Norway Post and Color Line for violating Article 53 and 54 of the EEA Agreement. The importance
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Understanding Well-Known Trademarks and Their Protection
Well-known marks enjoy protection whether registered or not, with disputes arising in cases of similarity or infringement. The concept of well-knownness applies outside registrability, focusing on safeguarding unregistered marks from exploitation. The Paris Convention ensures high-level protection f
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Necessity Test in a Democratic Society: Balancing Public vs Private Interests
The necessity test in a democratic society involves balancing public interests such as security, morality, and environment against private interests. The test determines whether an infringement is necessary and legitimate, or unnecessary and a violation. Different categories like security-related ca
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Strategies to Protect Your Invention in IP Litigation and PTAB Proceedings
Learn about strategies to safeguard your invention from potential infringement through coordination and estoppel in PTAB or District Court proceedings. Explore scenarios involving a beverage holder invention and understand the importance of prior art analysis, potential infringer identification, and
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Patent Remedies and Injunctions Overview
Understanding patent remedies including declaration of validity, infringement, injunctions, damages, and exclusive rights granted under the law. Discusses the types of relief sought, interim and permanent injunctions, factors considered for granting injunctions, and the concept of irreparable harm i
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Legal Battle: Monkey.See vs. Peach.Inc - Trade Secret Dispute
Monkey.See, a startup founded by Cornelius Heston, faces a legal battle against Peach.Inc and its former engineer Simon Zaius. The lawsuit involves allegations of trade secret misappropriation, unjust enrichment, and patent infringement, leading to a complex legal dispute and substantial damages sou
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WIPO Conversation on Intellectual Property and Frontier Technologies
Exploring the intersection of intellectual property and the Metaverse, this WIPO conversation delves into the opportunities, challenges, and legal questions arising from the evolving digital landscape. Key topics include enforcing IP rights in the Metaverse, trends and issues, scope of protection, i
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Understanding Linguistic Features in Trademarks and Branding
Explore the nuances of linguistic features in trademarks and branding through topics such as generic vs. name-like words, trade mark infringement cases, capitalization norms, and the significance of corpus analysis in understanding language usage in branding. Discover how linguistic expertise plays
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Understanding Patent Infringement and Remedies in Legal Context
This special lecture series at National Law University Assam delves into the crucial topic of patent infringement and remedies. The lecture explores what constitutes infringement, relevant case laws, acts that do not amount to infringement, and remedies against infringement, covering both procedural
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How to Do a Freedom to Operate Search | InventionIP
A Freedom to Operate (FTO) search is essential for businesses to avoid patent infringement and protect their innovations. This detailed guide covers the entire process of conducting an FTO search, including defining the scope, searching patent databa
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