Day: March 11, 2013
Branding Neo India in Trademark Law
Developing a strong trademark is crucial to protecting the value of the brand. Examples of well-known trademarks include NIKE, CHANEL and COKE. The name of your product or service doesn’t have to be famous to be protected by trademark law. But, not every name is protected as a trademark. In…
Owning Your God – Trademark Protection for Deities
A spiritual man’s trademark is his true belief in God. But what if the man tries to trademark the God he believes in? Imagine waking up in a world where Trusts have exclusive right over images of popular deities; getting booked under s. 29 of the Trade Marks Act, 1999 (hereinafter TM Act 1999) for…
Trademark Series, Concept and Position in India
The concept of trademark series is relatively new in the arena of Intellectual Property Law. The development of this species of trademark has recently gained pace, and is expected to provide a whole new level of trademark protection for the world’s big and small industrial houses. Though most…
Trademark and Internet : Domain Name and Dispute Resolution
An Internet domain name is an alpha-numeric mnemonic device that can be mapped onto an Internet Protocol ("IP") address to enable users to "surf the Web" more easily than if they had to remember the details of each IP address they wanted to visit. Black’s Law Dictionary defines domain names as “the…
Trademark Dilution - All Dolled Up
Now, who hasn’t heard of “I’m a Barbie Girl” by the Danish band Aqua? For those of you who have (quite fortunately?) not heard the song here’s a link to the video. If you, like me, were a kid of the 90s, you would instantly recall the hit song from being played to death on the radio and at every…
Passing Off of Trademark in India: Looping the Loop Holes
1.What is Passing Off Passing off is a form of tort, and its substantive part is founded upon the common law principles. The general principle of passing-off states that no man can have any right to represent his goods as the goods of another person. The gist of the concept of passing off is that…
The Story Mark
Infopreneurship is the new buzz word and means creating original content information products then monetizing it in entrepreneurial ways. These infopreneurs, or entrepreneurs who sell information, leverage information in public domain extensively to reach mass audiences. Infopreneurship is one of a…
What is Smell Trademark or Scent Trademark? - With Examples
It is the inherent purpose of law to serve as an instrument for the betterment of humanity. But in a quest for majoritarian or popular law, sometimes we tend to overlook an important section of people who need protection of our laws the most, namely the disabled. The law relating to trademarks is a…
Trademark & Quality Control - The Indian Perspective
It is human nature to take credit of his hard work, especially in today’s times where there is cut throat competition; Man wants to carve a niche for himself in any field he plunges into. Man wants to stand out in a crowd and leave a mark of his identity and distinctiveness. He wants to convey a…
Trademark Dilution in India - Yes or No!
In today’s world, where consumers purchase products not based on quality or usefulness, but instead are carried away by the brand name and trade symbol which accompany the product, protection of the distinctiveness of a trademark is of the utmost importance. Trademark dilution is a claim which the…