ZARA trademark dispute – Cocktails and clothes causing confusion?
The David-Goliath tussle in the trademark world is an unending one. It is a scenario where a big company is suing a small company and most often, the big company is made out to be a trademark bully. Though that might be true, in my opinion, it has more to do with protecting one’s trademark rights keeping in mind the business interests and the losses that the company is likely to incur as a result of such use by a third party. So if the actions of the smaller company are likely to affect the…
Madrid Protocol vs National Applications for Trademarks in India – The problem of ‘use’
India became a member of the Madrid Protocol on July 8, 2013 and since then has received about 13768 applications designating India and has filed 155 applications under the Madrid Protocol. While there have been several debates on the best route to take in terms of protecting international brands in India, and both have good arguments, there is one issue that I would like to deal with today – the claim of use of your trademark in India.
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 and what is actually happening.
Few things you need to know about E-commerce & Intellectual Property
May 21, 2015Intellectual Property Rights
Every single time I’m sitting at the comfort of my home, e-commerce window shopping and buying things at the click of a button, I feel so thankful. Though this is not how I ideally enjoy shopping, it definitely makes life easy on some days! The e-commerce business in India has picked up a great deal over the last few years and today there are dozens of e-commerce websites catering to consumers for their varied needs. The companies that started off earlier occupy a large market share (more…
5 common defenses I’ve heard domain squatters use during negotiation
There’s an instinct within most us that prompts us to lie or state the most ludicrous things when accused of being in the wrong. This primordial feeling (which may be what helped us survive) of justifying and rationalizing one’s actions is most evident in negotiations with trademark infringers and domain squatters (someone who registers a domain name with the intent to profit from the goodwill of a trademark belonging to someone else). While there are judicial fora to retrieve domains like the…
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.
Financial restructuring schemes as a defence to trademark infringement – Delhi HC says NO
April 4, 2015TrademarksInfringement
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 application to stay the proceedings for a case of trademark infringement till they obtain permission from the Board for Industrial and Financial Reconstruction (BIFR).
MSD – Glenmark patent row – Court granted injunction against Glenmark
Close to two years after Merck filed a suit for injunction against Glenmark and after a quite a struggle, MSD has finally been granted an injunction and Glenmark has been restrained from making and marketing its versions of the drug. The Delhi High Court laid down a detailed analyses of the facts and came to the conclusion that the Glenmark had infringed MSD’s patented drug.
Cricket and Patents – These inventions will bowl you over!
Cricket has always been one of the most followed and loved sport in India. Statistics suggest that when India plays a big game, there are around 400 million watching the match on television. Indians love cricket, be it the IPL, T20, test match or the traditional 50 over match! With just 5 days to go for the World Cup Final, the excitement is building up and fans across the world are eagerly waiting to know who the champion will be!
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 does that really amount to disparagement of the plaintiff’s product?