Tag: Trademark Infringement

Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors

14th January, 2023 - 6:39 am Categories: Copyright Infringement Trademark

Introduction “While one person may build a home, another knit a sweater so also may a third create a valuable personality, all three must be recognised by the law as ‘property’ protected against trespass and theft.”[1] A person laboriously constructs a celebrity persona through a combination of intellectual, emotional and physical efforts. The good-will and … Continue reading Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors

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Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction

10th January, 2023 - 5:47 am Categories: Legal Issues Trademark

Introduction As a settled proposition of law, ex-parte injunctions are granted by the court only in exceptional cases. In IPR matters, specifically in cases of trademark infringement, the plaintiff, out of several remedies, has the option of asking for an ex-parte injunction. While observing the principles on which the court may grant an ex-parte injunction … Continue reading Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction

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Rajnigandha vs. Rajnipaan

2nd January, 2023 - 9:49 am Categories: Trademark

Introduction This theory of initial interest confusion relies on luring the buyer toward the product in an effort to cause confusion among the general population. Before the customer even buys the product, there is already uncertainty due to two marks that are identical to each other and operate in the same market. As it has … Continue reading Rajnigandha vs. Rajnipaan

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Delhi High Court awards eBAY Rs 2 lakh in a Trademark Infringement Case

7th December, 2022 - 9:51 am Categories: Intellectual Property

The Delhi High Court, in case of trademark infringement, awarded relief to eBAY after concluding that the use of the claimed trademark “SHOPIBAY,” which is similar to the mark of the other party mark “eBay/EBAY” was likely to mislead unwary consumers about the affiliation of these organisations. The present suit was decided in the plaintiff’s … Continue reading Delhi High Court awards eBAY Rs 2 lakh in a Trademark Infringement Case

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Protection of Geographical Indications in Singapore

27th October, 2022 - 6:31 am Categories: Intellectual Property Protection

Introduction Following the European Parliament’s consent for the European Union-Singapore Free Trade Agreement (EUSFTA), the Registry of Geographical Indications was launched by the Intellectual Property Office of Singapore to allow registration of geographical indications effective from 01 April 2019. [Image source:iSTOCK] Prior to this, trader or association of such producers or traders of any GI … Continue reading Protection of Geographical Indications in Singapore

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The Utility of Metaverse Trademarks

4th August, 2022 - 10:02 am Categories: Trademark

When the pandemic forced billions of people indoors, it gave an impetus to those envisioning a metaverse. As the metaverse has grown in popularity, corporations have commenced filing fresh trademark applications for the virtual counterparts of products they already provide in the real world. This article discusses some recent instances of this observable trend, and … Continue reading The Utility of Metaverse Trademarks

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Uncoiling the ‘Serpent’: A Case Comment of Bulgari Spa v. Notandas Gems

4th August, 2022 - 9:57 am Categories: Trademark

The jurisdiction of the courts in cases of trademark infringement has been a moot point till now with various facets of IP infringements revealing due to social and technological advancements. With the rise of transactions on the e-commerce platforms and online shopping, the courts have tried to confer the territorial jurisdiction on the competent courts … Continue reading Uncoiling the ‘Serpent’: A Case Comment of Bulgari Spa v. Notandas Gems

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Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark

3rd August, 2022 - 12:29 pm Categories: Trademark

The right to sue for infringement of his mark is the most significant right conferred upon a registered proprietor by the Trade Marks Act, 1999 (Hereinafter, “TM Act”). However, can one registered proprietor claim the exclusive right to use a trademark against another proprietor who has obtained a registration for an identical or very similar … Continue reading Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark

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Havells v Panasonic : Delhi High Court on Composite Suits for Passing off and Design Infringement

21st July, 2022 - 11:46 am Categories: Intellectual Property

Although both registered designs and trade dresses protect aesthetic features, they differ in their scope. While design protection is restricted to those visual elements that are explicitly included in the registration, the trade dress of a product refers to its overall look and feel, and the visual impact it has on consumers. Therefore, the trade … Continue reading Havells v Panasonic : Delhi High Court on Composite Suits for Passing off and Design Infringement

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Sholay Trademark Infringement Case – The Need To Strengthen Trademark Protection For Cinematography

30th June, 2022 - 11:07 am Categories: Trademark

The legendary Amitabh Bacchan starrer “Sholay” is apparently one of the most popular and recognized movies of Bollywood. The instances and the characters of the movie have been engraved in public memory and have a wide fanbase. Over the years the movie has earned the status of being the most iconic film of all times. … Continue reading Sholay Trademark Infringement Case – The Need To Strengthen Trademark Protection For Cinematography

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