Trademarks
No Moral Rights over Destruction of a Work: Delhi High Court
In the world of construction, an architect holds a remarkable position. Generally, an architect is often subjected to resentment, and faces multiple disputes when he or she tries to balance between the builders and the owners of the building. An architect quite often turns to be the ultimate…
The Curious Case of ‘Legal Fakes’
A legal fake although a contradictory term, is used to describe the practice of securing a legal right over a trademark which is obtained as a result of registering such trademark in a certain country before the original owner of that trademark is able to do so. Supreme Italia One of the most…
Adidas Losses Battle Over its Three-Stripe Trademark
The name Adidas is not new, and neither are its products. But in a major twist and what appears to be a blow, the European Court has ruled that the “three stripes” brand/trademark of Adidas was not distinctive enough. The First Battle Interestingly though, the decision does not happen to be first…
Exploring the Not-Very-Common Provisions of Section 9
Trademark is an identity. Let us leave for a second what the Trademarks Act defines a trademark; in layman’s terms, a trademark is an identity to your business, the products or services that you sell and businesses wrack their heads to come up with a brand name/trademark that is unique and/or that…
No Removal of Registered Mark for Non-Renewal Without Notice; Delhi HC Rules... Yet Again
Petitioner: Vijay Kumar Salwai (M/s Modern Namkeen Bandar) Respondents: Union of India Trademark: Modern Namkeen Bandar (device) Court: High Court of Delhi Coram: Justice JR Midha Facts: The Petitioner’s mark was removed from the Register, without notice having been sent to him under Section 25(3)…
India's Accession to WIPO Agreements – A Step Towards Knowledge Driven Economy
For an argument and with much precision one can state that, one of the reasons for transition of the world into knowledge driven economy is because of Intellectual Property Rights (IPR). The accession to the three WIPO Agreements (i.e., the Nice Agreement, Vienna Agreement and Locarno Agreement) by…
Protection of Hashtag Trademarks - #cautionwithtrademarks
It is an undisputed fact that the social media platforms have become indispensable marketing medium for brand owners. Especially after hashtag emerged as an online marketing tool, interest in registering hashtag trademarks has gone up. Recent research by Clarivate Analytics (formerly Thomson…
What’s in a Shape – Protection of a Shape as a Design v. Trademark
One of the significant judgements from the recent time is the order of the Delhi High Court in the popular Crocs case. In an order dated March 6, 2019, the Court rejected the maintainability of a suit for passing off, in the case of a registered design. It is important to note here that the…
Amendments to the Canadian Trademark Law - A Glimpse
Canada has announced that the anticipated changes to the Trademarks Act will finally be coming into force on June 17, 2019. The changes are expected to simplify the domestic registration process and provide access to e international registration process administered by the World Intellectual…
Cadbury and Purple - to be or not to be?
When we speak "chocolates," Cadbury's is the first which springs in our mind. We know that the world-renowned confectionery brand Cadbury has been using the colour Purple to wrap its indiscriminately loved chocolates since 1905. Cadbury battled hard to protect the same. However, after decades-long…