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Trademark Infringment Tag

BananaIP Counsels > Posts tagged "Trademark Infringment"

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

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

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 identity (now known as dilution) and therefore preservation of this uniqueness of a trademark should be the only rational basis...

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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 patents with respect to Social Media With the help of cases, examples and multi-media Dr. Kalyan’s presentation gives insights into various facets of Intellectual Property,...

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

Bentley

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 rights holder's mark? Bentley sued Defendants Matthew McEntegart, owner of St. Petersburg, Florida based Fugazzi Cars Inc., and Robert Frary III, owner...

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