Trademarks

Curse of phantom trademarks

Phantom trademarks – What are they? An anomaly to our Indian trademark law is the concept of Phantom marks. Phantom trademarks are marks containing elements such as words, designations or phrases that are unfixed. It might incorporate a date, geographic location or model number that is changeable.…


Amul the well known taste of India

There are a few indigenous brands that have grown with India, brands that have been so woven into the fabric of India by the hands of time. Most undoubtedly the name that is recognised in every nook and cranny of India is Amul, and the ‘Amul butter girl’ is undoubtedly the most recognised device…


Proposed Amendments to Trademark Law in India – Fee Hike and More.

Nov 2016 Update: We are hearing reports that the amendment will come into force this month. While nothing has been confirmed as yet, it appears that the amendments will be published in the Gazette shortly. The Controller of Patents, Designs and Trademarks recently through a public notice dated…


Bata sho(e)s away Vitaflex – Delhi HC grants injunction against groundless threats

The phrase “I’ll sue you” is one that many people love to use, without actually giving too much thought to whether legal action can in fact be taken and if so, whether it’ll be maintainable in a Court of Law. Lawyers take it a step further (in an attempt to make their client’s happy) by telling the…


Class of purchasers and trademark infringement

The Gujarat High Court in a recent case has reaffirmed that trade channels, class of purchasers, the extent of reputation of the parties and all the other relevant factors play a crucial role in determining whether there has been an infringement or not. The decision was the result of taking into…


Associated trademarks in India

I’m sure many of us, lawyers and trademark owners, would have come across examination reports that have required association between your mark and the applicant’s other marks (mostly). In cases where the mark that we have to associate it with has crossed its date of validity or has been withdrawn…


Of franchise agreements and trademark infringement suits

A recent order by the Delhi High Court reiterates the importance of a carefully thought out and drafted agreements. This particular matter was one concerning breach of a franchise agreement which entailed confidential information, trade secrets, get-up, layout, arrangement, trade-dress of the…


Trademark Cocktails - The intellectual property blend

There have been several instances where I've looked at a menu card at a pub with a really cool cocktail name and wondered if they've trademarked it. Never did I once imagine that the ones that are common and used by all are in fact the ones that are registered trademarks. So would use of these…


Video games and trademarks – Play it right!

In my previous article, I’d written about how different aspects of the video game (story line, source code, characters, background music, screen shots, packaging) can be protected under the laws of copyright. In addition to this, there are different aspects of the trademark law that a game…


Domain names and trademarks - What happens when there's a dispute?

Nowadays, the Internet has become the most popular medium for commercial organisations to promote themselves. This is because the internet has no boundaries or closing hours. Every person who wishes to use the internet as a medium needs a domain name. A domain name is nothing but a network address…