Category: Trademark

Battle Of The Brands: Easygroup Can’t Take It ‘Easy’ Against Skyscanner

16th February, 2022 - 4:34 am Categories: Intellectual Property Trademark

In yet another case of Easygroup Ltd. V. Skyscanner, Inc, the United States District Court Southern District of Florida (“Court”) took trademarks to the mat. This case examined the infringement of four registered trademarks in the United Kingdom, as well as the shared liability for passing off. On January 7, EasyGroup, a British company, filed … Continue reading Battle Of The Brands: Easygroup Can’t Take It ‘Easy’ Against Skyscanner

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District Court Decides Which Party was the Wrongdoer in the Ballet Shoes Trademark Case

10th February, 2022 - 4:33 am Categories: Trademark

I.M. Wilson, is a Pennsylvania corporation which operates in King of Prussia in Pennsylvania and sells a variety of dance-related products, including ballet shoes and printed shoes. The founder of the corporation is Irene and the President is I.M. Wilson. OOO Grichko is a Russian company that manufactures and sells dancewear products, including ballet shoes … Continue reading District Court Decides Which Party was the Wrongdoer in the Ballet Shoes Trademark Case

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A Clear Case of Trademark Dilution: Court’s Response to Trademark Infringement via Granting Default Judgment

8th February, 2022 - 4:15 am Categories: Trademark

Bob and Me Productions, Inc., an American restaurant and trademark owner brought this civil action against Lemon Leaf Café, LLC. The civil action was brought at the United States District Court for the Central District of California(“District Court”) (Bob & Me Prods. v. Lemon Leaf Café, LLC, 2020 U.S. Dist.). The grounds of civil action … Continue reading A Clear Case of Trademark Dilution: Court’s Response to Trademark Infringement via Granting Default Judgment

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Can A Passing-Off Action Be Filed Against The Infringement Of Shape Of A Good? A Case Analysis

22nd January, 2022 - 4:31 am Categories: Trademark

Introduction: Have you ever wondered if a bottle shape may be trademarked? Typically, The Designs Act, 2000 protects these aesthetic appearances and establishes the essential specifications that are deemed to be the conditions for a design’s registration under the Design Act, 2000. The shape of bottles, on the other hand, is regarded as distinctive and … Continue reading Can A Passing-Off Action Be Filed Against The Infringement Of Shape Of A Good? A Case Analysis

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Comparative Advertisement: Judicial Trends In The Contemporary World

19th January, 2022 - 4:30 am Categories: Trademark

INTRODUCTION: In many nations, comparative advertising is a common form of commercial advertising. The word “comparative advertisement” refers to a comparison of an advertiser’s goods and services to those of a competitor. The goal of comparative advertising is threefold: to raise public awareness through honest comparison, to promote the brand, and to increase market sales. … Continue reading Comparative Advertisement: Judicial Trends In The Contemporary World

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Case Analysis: P. Sundaram v. Asia Match Company

26th November, 2021 - 5:32 am Categories: Copyright Copyright Infringement Legal Issues Trademark Trademark Litigation

This interim order on the issue of whether the respondent, based on the location of their branch office, can maintain the present suit within the territorial jurisdiction of the present Court, i.e., a question on the issue of the jurisdiction of the commercial division. The case originally was filed by Respondents in this case who … Continue reading Case Analysis: P. Sundaram v. Asia Match Company

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An Overview on the Concept of Dilution of Trademarks

6th October, 2021 - 12:28 pm Categories: Trademark

An overview on trademarks, their significance, and registration Trademarks play a crucial role in reflecting the quality of a product or service. Moreover, it provides a sense of individuality to the brand by differentiating its products and services from other competitors in a particular domain. Trademarks are a valuable asset to a company or a … Continue reading An Overview on the Concept of Dilution of Trademarks

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How Much Do Phonetic Similarities Matter in Trademark Disputes?

21st September, 2021 - 11:13 am Categories: Trademark

Determination of the distinctiveness of marks, despite the standard set by the Trade Marks Act, 1999 under provisions such as Section 9 and Section 11, is a difficult task and often requires judicial insight. As a matter of principle, the examiner/court will have look at the mark in its totality. In recent years, a comparison … Continue reading How Much Do Phonetic Similarities Matter in Trademark Disputes?

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An Overview on Trademark Bullying in Commercial Environments

8th September, 2021 - 10:45 am Categories: Trademark

A trademark is an essential component of a brand’s image. In a broad sense, trademarks are symbols, words, logos, domain names, or shapes used by businesses to represent their brand or products. Trademarking goods and services prevent other commercial entities from selling counterfeits or cybersquatting a domain name. This way, trademarks ensure that consumers make … Continue reading An Overview on Trademark Bullying in Commercial Environments

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Legality of Using Common Terms for Trademark in View of Various Indian Cases

20th May, 2021 - 5:18 pm Categories: Trademark

“India is a multilingual country, which can make brand management difficult. The fact that one word may have many synonyms in another language, as well as the variety of languages and scripts, can increase the possibility of infringement and pass off”[1]. Trademarks are the intangible assets of the proprietor. A proprietor spends time and resources … Continue reading Legality of Using Common Terms for Trademark in View of Various Indian Cases

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