Trademarks
Surnames and Trademarks in India
Well, if you have a unique surname then you’ll not only have difficulties in explaining to people how to get it right but you will also have the difficulty in getting it registered as a trademark in India. Having said that, there are obviously many discrepancies between the law and the judgments…
Calcutta High Court reaffirms well-established principles of Trademark law
They should not be placed side by side to find out if there are differences; rather the mark should be taken as a whole. This landmark judgement on trademark law, followed by many others, has taught us that while comparing two marks to judge if one of the marks is deceptively similar or not,…
Financial restructuring schemes as a defence to trademark infringement - Delhi HC says NO
Defence to trademark infringement In the last few years, we have had the opportunity of witnessing very interesting intellectual property cases and more importantly, case involving interpretation of intellectual property rights in consonance with other laws. The Delhi High Court recently decided an…
Delhi High Court throws some "light" on comparative advertisement in India
The High Court of Delhi recently dealt with a case of comparative advertisement, yet again. The only thing that set this case apart from the recent comparative advertisement cases is the fact that the plaintiff was upset that the defendant did not mention certain advantages of their products. Now…
Intellectual property cross-overs in the real and fantasy worlds
Have you wanted to visit the Maclaren’s Pub or Central Perk and live your moment from How I Met Your Mother or Friends? Have you wanted to taste the Bertie Bott’s Every Bean Flavour from the Harry Potter Series or wished the Bat Mobile was real?! I’m sure we all have wanted to live or rather…
Of Intellectual Property and brand
When the Tata motors bought Jaguar back in 2008, why did they buy it? For the quality of their products? Their technology? May be. Similarly, when Geeley Motors of China acquired the Swedish brand Volvo and Krafty bought Cadbury, what did they buy it for? They were all bought because of the brand…
Bombay HC discusses trademark issues in modern times
Of the several cases of trademark infringement and passing off that are decided by the Courts, some cases are known for clarifying the position of law on an issue and some for addressing issues not previously discussed by the Courts. Not very often do we come across cases that simplify and…
Trans-border reputation of global trademarks in India
You have a brand but you don’t’ sell the products under that brand in India and neither do you hold a trademark registration for the mark in India. Meanwhile, someone in India adopts your brand name and starts manufacturing and selling products under that brand. If you have advertisements in…
Tag Lines - Catchy Yet Elusive As A Trademark?
Just as the image says, I would like to get to the point. But well..it is certainly not that easy! One of the most interesting debatable matters, atleast as far as India is concerned, is the validity of tag lines as trademarks. So what are tag lines? As we all know, tag lines are nothing but…
Rectification of trademark in India on grounds of non-use
Rectification of the register is a proceeding in which a party seeks to remove a registered trademark from the register. In India, Section 47 of the Trademarks Act lays down two scenarios regarding removal of a registered trademark, they are; if it is proved that the trademark was registered…