Tag: trademark

Invisible use of Trademark as Meta-tag: A case for Infringement under sec 29 of Trademark Act

24th January, 2023 - 7:55 am Categories: Trademark

Introduction In India, section 29 of the Trademark Act (hereinafter, the act) outlines what constitutes a registered trade mark infringement. According to Section 29(4)(c) of the act, anyone who uses a registered trade mark in the course of business without being the registered proprietor or using the mark in accordance with a permit, and who … Continue reading Invisible use of Trademark as Meta-tag: A case for Infringement under sec 29 of Trademark Act

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Khadi and Village Industries Commission Suit

23rd January, 2023 - 7:02 am Categories: Intellectual Property Khadi Industries Trademark

Introduction A recognisable phrase, word, emblem, or symbol that identifies a particular product and legally distinguishes it from all other products of its sort is referred to as a trademark. A trademark recognises the company’s ownership of the brand and solely distinguishes a product as being its own. Generally speaking, trademarks are regarded as a … Continue reading Khadi and Village Industries Commission Suit

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Trademarking Times

18th January, 2023 - 7:39 am Categories: Trademark

Background The plaintiff, TRIUMPHANT INSTITUTE OF MANAGEMENT EDUCATION, has adopted the trademark, i.e. T.I.M.E., an acronym derived from the name of the Company after the suit with TIME Inc., an educational institute in the USA, in 2003. In the suit, the plaintiff has settled the suit by agreeing not to use the word ‘TIME’ and … Continue reading Trademarking Times

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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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Tangible Fixation And Preclusion Of Emphemeral Art

5th January, 2023 - 7:27 am Categories: Copyright Intellectual Property

Introduction Art is considered to be a gift to mankind, it has been there since the time immemorial with humans from Madhubani wall paintings of Mithila in 7th century BCE to graffiti of 21st century, art has developed its forms. It is believed that art embodies great influence on human life it is a form … Continue reading Tangible Fixation And Preclusion Of Emphemeral Art

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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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Deadwood Trademark

5th December, 2022 - 11:11 am Categories: Trademark

Introduction The purpose of a trademark is to identify a manufacturer or trader’s goods as their own so that he or she may later profit from the reputation for those items that may have been established by superior skill, diligence, and entrepreneurship. An authentic trademark assures the buyer of the origin and calibre of the … Continue reading Deadwood Trademark

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Protection of Trademarks in China

1st November, 2022 - 5:59 am Categories: Trademark

Introduction Foreign companies entering the Chinese market need to familiarize themselves with its complex trademark regime, which both facilitates protections while also imposing certain unique limitations that brands must work around. China’s trademark regime follows a first-to-file system and so does not recognize international trademarks if they are not registered in the mainland. While China … Continue reading Protection of Trademarks in China

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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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