Trademarks
Perspectives on trademarks across India and the subcontinent.
17 July 2014
The Law of Internet Memes: Copyright, Trademarks and Real People
Someone took the photograph a meme is built on, and copyright in it doesn't disappear because the image went viral. Grumpy Cat held registered trademarks. And the people in these images are real, with claims that have nothing to do with IP.
Raja Pannir Selvam · 15 July 2014
Trademarks vs Geographical Indications: What's the Difference?
Puma is a trademark; Darjeeling Tea is a geographical indication. One belongs to a single owner, the other to every producer in a region. The key differences, why place-names cause confusion, and how cases like Tea Board v. ITC resolve the overlap.
Navarre Roy · 9 July 2014
Trademark Examination Reports and How to Reply to Them
The examiner's report is where most trademark applications live or die. What examiners look for on absolute and relative grounds — and why your reply must be comprehensive and consistent, lest it be used against you later.
Raja Pannir Selvam · 8 July 2014
Whose Mark Is It? When a Partner Registers the Firm's Trademark in His Own Name
A partner registered the firm's 'BAWA' cattle-feed mark in his own name. When the partnership dissolved, who owned it? A balance-sheet entry decided the case — and it went to the firm.
Nikita · 3 July 2014
Trademark Injunctions and Damages in India — Part Three: Damages
You've restrained the infringer — now make them pay. Part three of the series covers damages: nominal, compensatory and punitive, the Section 135(3) limits, and the rising Indian trend of exemplary awards from Time Inc. v. Lokesh Srivastava onward.
Raja Pannir Selvam · 1 July 2014
Tirunelveli or Iruttukadai Halwa: A GI or a Trademark?
The famous Iruttukadai Halwa is a registered trademark owned by one shop — yet other Tirunelveli makers want a geographical indication for the same sweet. A classic collision between two very different IP rights.
26 June 2014
Getting a Trademark Injunction in India: The Three-Part Test
A temporary injunction is the workhorse of trademark enforcement — but you must clear three hurdles together: a prima facie case, the balance of convenience, and irreparable injury. How courts weigh them.
Raja Pannir Selvam · 24 June 2014
Tea Board v. ITC: Can a GI for Tea Stop a Hotel Lounge?
The Tea Board sued over ITC's 'Darjeeling Lounge' at a Kolkata hotel. The Calcutta High Court held that a GI registered for goods confers no monopoly over a geographical name for services — and that certification marks carry different infringement rights from ordinary marks.
Nikita · 23 June 2014
Celebrity Trademarks in India: 'Amma', the Mother of All Marks
Can a celebrity register their name as a trademark just for brand value? Only, really, when it's used on goods or services. From Sachin Tendulkar's mark to the many 'Amma' food registrations — and Tamil Nadu's 'Amma' schemes — a look at celebrity marks and acquired distinctiveness.
Nikita · 19 June 2014
Trademark Injunctions and Damages in India — Part One: The Prima Facie Case
In an infringement or passing-off suit, the real battle is often the temporary injunction. Part one of a series: the two kinds of injunction, and the first of three ingredients — the prima facie case — with the tests Indian courts apply.
Raja Pannir Selvam · 13 June 2014
Aquafina v. Aquafine: PepsiCo's Repeat Trademark Win
PepsiCo again stopped a deceptively similar 'Aquafine' from riding on its well-known 'Aquafina'. Why 'Aqua' alone is generic but the accompanying prefix/suffix decides distinctiveness — judged through the 'average intelligence, imperfect recollection' consumer.
Nikita · 12 June 2014
Designs and Passing Off in India: Can You Sue on Both?
Three thorny questions vexed the courts: can you sue a registered proprietor for design infringement, is passing off available under the Designs Act, and can you combine both in one suit? The old split view — and how Carlsberg finally settled the composite suit.