Trademark Infringement:U.S Cadbury Vs U.K Cadbury – Hershey’s not ready to melt!
Who does not love chocolates?But the British in America do not seem to be in for "any" chocolate; much to their dismay though.
Fluid trademarks – Go with the flow?
Most of us use Google almost every day and intentionally or unintentionally, we look forward to seeing what the Google Doodle of the day would be! Well, that is the kind of impact that the constantly changing “Google” logo has created on the minds of its users. I personally am very fascinated with the Google Doodles and that got me wondering about the pros and cons of constantly changing the trademark.
Usage Of Trademark In India – Literal or More To iT?
In my previous article about trademarks, one of the important pointers I had mentioned was about “use” of the mark. Considering that usage of trademark plays a pivotal role in trademark disputes, almost a decider in cases, it is important to explore it. So what is usage in India? How have the Indian courts and tribunals interpreted usage? Do the marks certainly have to be used in India to prove usage? Let’s explore!
Don’t mess with the wrestlers! – WWE awarded an injunction and damages against unauthorised distributors in India
January 28, 2015Trademarks,Copyrights
If you are a wrestling fan, you would have definitely heard of John Cena, Randy Orton, The Rock, Cm Punk, Undertaker, Shawn Michaels, The Great Khali, Rey Mysterio, HHH, Edge etc. As a fan of these mega stars, you would have purchased many merchandise to be more like them and also would have made sure that you bought the original ones and not the replicas. But are you certain that what you are buying is in fact the original piece? More often than not, retailers import few pieces of original…
Planning To do Trademark Registration? This Is For You!
Planning to file do trademark registration but would like to know more about it before taking the plunge? Here are a few pointers.
Court rules on dispute relating to trademark assignment
Assignment of trademarks is a process in which the owner of the trademark transfers the ownership of the mark either with or without the goodwill of the business. We had earlier written about the procedure for assigning trademarks and also the key points that should be incorporated in an assignment deed from a practical perspective. There are times when assignment of trademarks can be complicated - rights to a particular trademark are jointly owned by two or more companies or when the rights…
Trademark Application Status “Opposed” – Explained
One of the important statuses in respect of a trademark, shown in the website of the Trademark Office is “opposed,” for the registration of the said mark becomes dependent on the outcome of the said opposition. The term “opposed” means that a third party, has found the mark objectionable primarily in light of Section 9 or 11 or both (and any other provisions of the Trademarks Act), intimates the same in writing to the Trademark Office and requests for its refusal. Section 21 of the Trademarks…
Vulgar Trademarks – How comfortable would the Indian Trademark Registry have been with ‘Comfyballs’
Amidst the major IP disputes of the week, with Ericsson stopping Xiaomi over a patent dispute and the Supreme Court denying Bayer’s appeal against the compulsory license, there were quite a few articles on the USPTO’s rejection of a trademark application called “Comfyballs” to be associated with the sale of men’s underwear. The application was rejected on the ground that the mark was vulgar.