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Tile Inc., an American consumer electronics company specializing in providing wireless tracking devices and services, has quite recently filed four Trademark Infringement lawsuits against CellnTell Distribution Inc., 888 Digital Inc., S&W Dealz, and Digital Pavilion Electronics. The four lawsuits are filed in the New York Northern District Court, New Jersey District Court, Massachusetts District Court, and New York Eastern District Court, respectively.
Tile has accused all the four defendants of unauthorized and wrongful promotion and sale of its products. The company sells its products via authorized resellers. Additionally, it has also implemented an authorized reseller network for assuring that all of its products sold meet the high standards of quality control. Tile sells its products under the “Tile” brand, and none of the defendants in this lawsuit filed are authorized resellers. It got its “Tile” trademark registered long back and has been using it since 2014. The company always advertises, distributes, and sells all of its products to the customers under its Registered Trademark.
According to Tile, all four defendants are responsible for offering for sale and selling non-genuine Tile’s products under its registered trademark. It stated that the unauthorized sales don’t have the company’s warranty. It concluded by saying that the defendants are deceiving the customers in the market by selling the products that aren’t covered under Tile’s warranty and also lack quality. For instance, Tile believes that CellnTell Distribution and S&W Dealz are involved in selling stolen products on e-commerce platforms like Amazon by advertising that the products are all new. When it comes to 888 Digital, Tile mentioned that the company is marketing Tile’s products as new and deceiving the customers by selling used, liquidated, or even potentially stolen Tile products on its official business website. Meanwhile, talking about Digital Pavilion Electronics, Tile specified that the company is selling non-genuine Tile products bearing Tile’s registered trademark on Amazon and other platforms.
The defendants’ actions, without any second thoughts, have confused the customers and damaged Tile’s goodwill and reputation as the customers believe that they are buying the legitimate products in the scenario where the reality is the opposite.
As a consequence of these unauthorized actions, Tile has claimed in its lawsuit filed that it is losing upon a lot of profits and suffering a loss of the enormous goodwill and reputation, which the company has created in its registered trademark over the years. Additionally, Tile has stated that the unauthorized sellers have indeed infringed upon its registered trademark via the reproduction, sale, distribution, interstate commerce, and advertisement of its products. At last, Tile said that all the four defendants are involved in willful trademark infringement, unfair competition, deceptive trade practices, and false advertising violations. It is now looking forward to seeking injunctive relief, pre- and post-judgment interest, an award for damages, related costs and fees, and other relief as determined by the courts. ✅ For view source: https://www.kashishipr.com/blog/tile-files-four-trademark-infringement-lawsuits-corresponding-to-unauthorized-sales/
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After being accused of copyright-infringing CeCe Peniston’s iconic hit 90’s single – ‘Finally’ for her hit Juice, Lizzo may have a lawsuit on her hands.
Lizzo (real name Melissa Vivanne Jefferson), the 31-year-old singer, released her Juice in January 2019. Although the specific Juice didn’t set the charts on fire, it received endless airplay on radio, TV, and almost everywhere. But now, the song has been a subject of accusations of Copyright Infringement.
CeCe, the 50-year-old singer who released ‘Finally’ back in 1992, claims that features of Juice are similar to her song. She also shared a side-by-side comparison of a part of her song where she sings ‘Finally,’ alongside a particular part of Juice where Lizzo sings ‘ya-ya-ee, ya-ya-ee.’
CeCe’s caption, alongside her Instagram post, explains: the comparison between the two songs clearly shows that it is a copyright infringement case where Lizzo’s Juice is infringing ‘Finally.’
CeCe later added that this is a sensitive issue. She loves Lizzo’s music and artistry, but her concern is that lyrics and melody, which she wrote in her song ‘Finally,’ are now a part of Juice. She would like to resolve the issue positively without a nasty legal fight.
Although Lizzo is yet to respond to the allegations, it is not the first time when a singer has been alleged for copyright infringement. For instance, songwriter and producer Justin Raisen has recently alleged Lizzo for lifting the opening line, chords, and melody of her latest single – Truth Hurts from a song titled Healthy, which they had written together earlier this year.
Justin, in an Instagram post, said that they were never communicated about being credited for the profitable use of the parts of ‘Healthy.’ They have attempted to sort out the concern quietly for the past two years, asking for only 5% each but were shut down every time, Justin added in the last.
Currently, Lizzo is celebrating the success of Truth Hurts that has earned her the first No. 1 on the Billboard Hot 100 chart. ✅ For view source: https://bit.ly/2OiQ4RA
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#copyright infringement#Intellectual Property Right#Copyright Infringement in Afghanistan#Copyright Infringement in Bangladesh#Copyright Infringement in Bhutan#Copyright Infringement in India#Copyright Infringement in Maldives#Copyright Infringement in Nepal#Copyright Infringement in Pakistan#Copyright Infringement in Sri Lanka#Registered Trademark#Trademark Application Process#Trademark Registration#Online Trademark Registration in Nepal#Online Trademark Registration in Pakistan#Online Trademark Registration in Sri Lanka#Trademark Registration in Afghanistan
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Khadi - A Registered Trademark in Bhutan Mexico and UAE
The Khadi and Village Industries Commission (KVIC) has secured trademark registration for the brand name “Khadi” in three more countries which were Mexico, United Arab Emirates, and Bhutan. Read more: https://bit.ly/3jLaQcd
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India Secures Khadi Trademark Registrations In Bhutan, UAE & Mexico
India Secures Khadi Trademark Registrations In Bhutan, UAE & Mexico
युएई, भूतान आणि मेक्सिकोमध्ये “खादी” ब्रँड नेमसाठी भारताने ट्रेडमार्क नोंदणी केली आहे भारताच्या आर्मच्या शॉटमध्ये खादी आणि ग्रामोद्योग आयोगाने (केव्हीआयसी) भूटान, संयुक्त अरब अमिराती (युएई) आणि मेक्सिको येथे “खादी” या ब्रँड नावासाठी ट्रेडमार्क नोंदणी मिळविली आहे. केव्हीआयसीने 9 जुलै रोजी भूतानमध्ये अद्ययावत ट्रेडमार्क नोंदणी प्राप्त केली होती, तर युएईमध्ये यावर्षी 28 जूनला ती मंजूर झाली होती.…
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India Secures Khadi Trademark Registrations In Bhutan, UAE & Mexico
India Secures Khadi Trademark Registrations In Bhutan, UAE & Mexico
India has secured trademark registration for “Khadi” brand name in UAE, Bhutan and Mexico In a shot in the arm for India, Khadi and Village Industry Commission (KVIC) has secured trademark registration for brand name “Khadi” in Bhutan, United Arab Emirates (UAE) and Mexico. KVIC obtained the latest trademark registration in Bhutan on July 9, while the same was granted in UAE on June 28 this…
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India secures Khadi trademark registrations in Bhutan, United Arab Emirates and Mexico
India secures Khadi trademark registrations in Bhutan, United Arab Emirates and Mexico
India has obtained registration of the trademark “Khadi” in United Arab Emirates, Bhutan and Mexico In a blow to the arm for India, Khadi and Village Industry Commission (KVIC) obtained the registration of the trademark “Khadi” in Bhutan, United Arab Emirates (UAE) and Mexico. KVIC obtained the last trademark registration in Bhutan on July 9, while the same was granted in the UAE on June 28 of…
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Latest News Today - India Secures Khadi Trademark Registrations In Bhutan,
Latest News Today – India Secures Khadi Trademark Registrations In Bhutan,
India has secured trademark registration for “Khadi” brand name in UAE, Bhutan and Mexico In a shot in the arm for India, Khadi and Village Industry Commission (KVIC) has secured trademark registration for brand name “Khadi” in Bhutan, United Arab Emirates (UAE) and Mexico. KVIC obtained the latest trademark registration in Bhutan on July 9, while the same was granted in UAE on June 28 this…
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Copyright infringement lawyer in India
Biswajit Sarkar is the most recommended and largest Trademark & Patent law firm / IP Attorney in India specialized in Trede Mark Registration in India, Patents Registration in India, Copyrights Registration in India, Service Mark Registration, Intellectual Property Rights, Corporate Affairs and Foreign Trade. Also in Nepal, Bangladesh, Bhutan
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Initiative by ‘Khadi and Village Industries Commission’ for Protection of ‘Charkha’ Symbol
Lately, every business or industry, be it a private or public entity, is realizing the importance of registration and protection of their Trade Marks against mala fide use. According to Intellectual Property India’s Annual Report of 2017-18, the number of Trademark registrations showed an increase from 7,178 registrations in the year 2013 to 10,020 registrations in 2018. Khadi and Village Industries Commission (KVIC) is one such statutory body that lately gained prominence on account of seeking international registration of its renowned ‘Charkha’ symbol.
KVIC is the subsidiary of Ministry of Micro, Small and Medium Enterprises of Government of India. This 63-year old statutory body was founded under the ‘Khadi and Village Industries Commission Act of 1956’. It is a Mumbai headquartered public body, chaired by Mr Vinai Kumar Saxena and is engaged in the planning, promotion, facilitation, organization and assistance of the iconic and historical khadi industry, in rural as well as urban areas. From providing employment in khadi industries to promoting the sale of khadi articles, this body does it all.
In order to promote and advance the growth and development of Khadi brand in India as well as abroad, KVIC is undertaking various initiatives. This state-owned statutory body has obtained various registrations nationally as well as internationally in multiple countries including Russia, China, Germany, Australia, the United Kingdom and Bhutan. This time KVIC is seeking registration of its historical symbol ‘Charkha’ internationally under Article 6ter of the Paris Convention of 1883, in order to prevent misuse and material benefits by private industries. Under Article 6ter, KVIC is seeking protection against unauthorized use of its ‘Charkha’ trademark. As given on the official website of World Intellectual Property Organization (WIPO), the purpose of Article 6ter is “to prohibit the registration and use of trademarks which are identical to, or present a certain similarity with the above–mentioned emblems or official signs.”
Commenting on this step by KVIC, the Chairman, Mr Vinay Kumar Saxena commented, “KVIC is one of those unique institutions in India that links the nation’s past, present and future on its functional plane, through – self-reliance and sustainability. Ever since the pre-independent era, Khadi has been considered as the national symbol for Swadeshi. The wordmarks "KHADI", "KUTIR", "SARVODAYA" and the logo of Khadi India and Charkha are the harbinger of this spirit of Swadeshi, hence, must be protected at all cost”.
To read more articles log on to - https://www.trademarkclick.com/education-blog/
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What is the Law under which Trademark Protection is Granted in Bhutan?
👉 ✅ For more visit: https://bit.ly/2ZvHchu
• The Industrial Property Act of 2001 is the primary law under which trademark protection is granted in Bhutan.
• Bhutan follows the 'first to use' system, which means that it is not compulsory to register a mark before using it.
• Bhutan has a multi-class filing system. It follows the 11th edition of Nice Classification of Goods and Services.
• Once a trademark gets registered, it lasts for 10 years from the date of application, which can be further renewed indefinitely for successive periods of 10 years each upon payment of the required renewal fee.
For more info, you may write to us at [email protected].
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Khadi To Stop Misuse Of Its Trademarks Globally In the recent days, Khadi and Village Industries Commission (KVIC) has taken various initiatives for protection and promotion of Khadi as a brand in India and internationally and are the registered proprietors of over a hundred trademarks registrations including the symbol of ‘Charkha’ in India and other countries like Russia, China, Germany, Australia, UK and Bhutan.
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Indemnification You hereby agree to indemnify and hold harmless NinjaOutreach.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us. 14. Confidentiality All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party. 15. Miscellaneous 15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and NinjaOutreach.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section. 15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party. 15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof. 15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties. 15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written. 15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. 15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect. I agree to the terms & conditions if (typeof jQuery == "undefined") { var script = document.createElement("script"); script.type = "text/javascript"; script.src = "https://cdnjs.cloudflare.com/ajax/libs/jquery/3.2.1/jquery.min.js"; script.onload = function () { loadValidator(); } document.getElementsByTagName("head")[0].appendChild(script); } else { loadValidator(); } function loadValidator() { if (typeof jQuery.validator == "undefined") { var script = document.createElement("script"); script.type = "text/javascript"; script.src = "https://cdnjs.cloudflare.com/ajax/libs/jquery-validate/1.16.0/jquery.validate.js"; script.onload = function () { preparePAPform(); } document.getElementsByTagName("head")[0].appendChild(script); } else { preparePAPform(); } } function preparePAPform () { var signupForm = jQuery("#affiliateSignup"); /* ID of the signup form */ jQuery.validator.addMethod("referralIDconstrain", function(value, element) { return this.optional(element) || /^[a-z0-9_-]+$/i.test(value); }, " Referral ID can only contain letters, numbers, underscores and hyphens."); var validator = signupForm.validate({ rules: { refid: {required: true, referralIDconstrain: true}, notificationemail: {email: true}, name: {required: true}, firstname: {required: true}, lastname: {required: true}, username: {required: true, email: true} }, messages: { username: "Please enter a valid email address", refid: {required: "Please enter your ID, it will be used in your affiliate links"}, agreeWithTerms: "You must accept the terms and conditions" }, submitHandler: function(form, event) { event.preventDefault();submitToPAP(signupForm, validator); } }); } function submitToPAP (signupForm, validator) { var submitButton = jQuery("#affiliateSignup input[type='submit']"); submitButton.attr("disabled", "disabled"); /* Disable the submit button to prevent repeated clicks */ submitButton.attr("value","Signing up..."); var formArray = signupForm.serializeArray(); formArray.push({name: "method", value: "jsonp"}); var formQueryString = $.param(formArray); jQuery.ajax({ type: "GET", url: signupForm.attr("action"), data: formQueryString, dataType: "jsonp", success: function(data) { if(data.successMessage != "") { /* action on success, e.g. display success message and redirect to http://www.SuccessUrl.com after 1 second or anything else you'd like instead. */ jQuery("#FormMessage").html(data.successMessage); submitButton.attr("value","Redirecting"); setTimeout(function(){window.location = "http://www.SuccessUrl.com/";},1000); } else { /* action on error, display the cumulative error message under the form and per field error next to field */ jQuery("#FormMessage").html(data.cumulativeErrorMessage); var fieldsError = {}; jQuery.each(data, function (key, value) { if (key.indexOf("Error") != -1 && key != "cumulativeErrorMessage" && value != "" && formQueryString.indexOf(key.substring(0, key.length - 5)) != -1) { fieldsError[key.substring(0, key.length - 5)] = value; } }); validator.showErrors(fieldsError); submitButton.removeAttr("disabled"); submitButton.attr("value","Signup"); } } }); }
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Khadi fights back to prevent misuse of its Trademarks Internationally
Khadi fights back to prevent misuse of its Trademarks Internationally
In the recent days, Khadi and Village Industries Commission (KVIC) has taken various initiatives for protection and promotion of Khadi as a brand in India and internationally and are the registered proprietors of over a hundred trademarks registrations including the symbol of ‘Charkha’ in India and other countries like Russia, China, Germany, Australia, UK and Bhutan. These trademark and symbols,…
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How can you Protect your Trademark Rights in Bhutan?
👉 ✅ For more visit: https://bit.ly/33bcWKZ
#kipr#ip rights#ip right protection#bhutan#ip rights management#kashishipr#intellectual property law#ip attorney#trademark rights in bhutan#trademark#trademark registration#trademark registration online#trademark registration in bhutan#register trademark in bhutan#register trademark bhutan#register trademark
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With the rapidly evolving digital economy, even brands have started to push their trademark boundaries by not only putting their registered trademarks into practice but also evolving them. Such marks, known as “Fluid Trademarks,” have now become a novel approach to brand marketing. 👉 ✅ For view source: https://bit.ly/34RuqMm
#why ipr is important#fluid trademarks#kipr#ip rights#ip right protection#ip rights management#kashishipr#intellectual property law#ip attorney#trademark#trademark registration#trademark registration online#register trademark#trademark registration in sri lanka#nepal trademark#trademark registration in nepal#trademark registration nepal#trademark registration process in bhutan#trademark registration in bhutan#trademark act bangladesh#trademark registration process in bangladesh#trademark registration in bangladesh#trademark registration in maldives
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In the present highly competitive business environment, economies across the globe are becoming increasingly knowledge and technology-oriented, due to which, Intellectual Property (IP) has gained significant importance too. In line with this global development, Nepal has recognized the value of IP as well. There is indeed a growing trend in the nation both on the part of the legislators and the judiciary to give adequate protection to IP assets and enforce Intellectual Property Rights (IPRs – including trademarks, patents, copyrights, and industrial designs). In this blog, we’ll be giving an overview of Trademark Registration and protection in Nepal.
GENERAL INFORMATION
In Nepal, the Patent, Design, and Trademark Act, 1965, forms the legal basis of trademark registration and protection.
The Department of Industries (a sub-department within the Ministry of Industry), situated in the capital city of Kathmandu, governs and deals with the mechanism of registration of trademarks.
A trademark registered could be any name, color, logo, symbol, or sound that uniquely identifies the source of the goods and services. In Nepal, the trademarks protected can be categorized as follows:
1. CONVENTIONAL TRADEMARKS, including word mark, device mark, collective mark, and series mark.
2. NON-CONVENTIONAL TRADEMARKS, including 3-D mark, color mark, slogan mark, shape mark, position mark, and texture mark.
3. WELL-KNOWN TRADEMARKS
A Trademark Application in Nepal can be filed in 45 classes – out of which classes 1-34 are for goods and classes 35-45 are for service marks. The 11th edition of Nice Classification is accepted by the concerned trademark authority.
Before filing a trademark application in Nepal, it is highly advisable to conduct a Trademark Search to determine the availability of the proposed trademark and the existence of identical or similar registered trademarks in the trademark register. Performing a trademark search is not mandatory in Nepal for filing the trademark application; however, by doing the same, companies and individuals can avoid the oppositions and objections, which may be put forward by third parties against their proposed trademarks.
For filing a trademark application in Nepal, the following information and documents are required:
1. Power of Attorney (POA) – Notarized
2. Home/Foreign Registration Certificate (with required translation) – Notarized
3. Declaration/Affidavit of USE – Notarized
4. Priority Document (with required translation) – Certified
5. Declaration of Ownership – Notarized
6. Declaration of Nationality/Residence – Notarized
TRADEMARK REGISTRATION PROCEDURE IN NEPAL
Trademark registration is a lengthy process in Nepal, and it takes 9 to 12 months approximately to obtain registration. The procedure of trademark registration in Nepal is as follows:
1. FILING A TRADEMARK APPLICATION: In Nepal, a trademark application can be filed only for a single class; multi-class trademark applications are not allowed. Additionally, a trademark application or a Priority Trademark Application claiming priority from a convention country can also be filed in Nepal within six (06) months from the priority date.
2. EXAMINATION PHASE – NOTICE OF ACCEPTANCE OR REFUSAL: Once a trademark application gets filed, the Registrar then examines the proposed trademark corresponding to the aspects of distinctiveness, conflict (identical or similar to already existing registered trademarks), and the possibility of deceptiveness. The Registrar may accept or refuse the trademark application as per the provisions of the Act.
3. PUBLICATION OF PROPOSED TRADEMARK – If the Registrar accepts the trademark application in the examination phase, then the proposed trademark gets advertised/published in the Trademarks Journal to invite the public for filing opposition (if required or if any) against its registration.
4. OPPOSITION OF PUBLISHED TRADEMARK – Upon publication of the proposed trademark in the Trademarks Journal, any person can initiate opposition proceedings against the said trademark by filing a notice of opposition within three (03) months from the date of publication of the proposed trademark in the official gazette.
5. REGISTRATION AND RENEWAL – If there are no opposition proceedings initiated against the proposed trademark or the oppositions are resolved well in favor of the trademark applicant, then the Registrar issues the Certificate of Registration to the applicant. In Nepal, trademarks are registered for an initial period of seven (07) years starting from the date of the registration, which can be further renewed indefinitely for periods of seven (07) years upon payment of the prescribed renewal fees.
CANCELLATION PROCEEDINGS
A registered trademark in Nepal is vulnerable to a cancellation action by the Department of Industries or a third party if it is not used within one (01) year from the date of registration. For view source: https://www.kashishipr.com/blog/key-points-trademark-registration-and-protection-in-nepal/
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