shape mark

3D shape marks can now attain ‘Well-known’ status in India: Does your brand qualify for the enhanced protection?

The recent Delhi High Court ruling by Justice Tejas Karia in Hermes International & Anr. vs Macky Lifestyle Private Limited & Anr (Cs(Comm) 716/2021 & I.A. 17569/2021) granting well-known trademark status to the 3D shape of Birkin bags marks a significant development in Indian trademark…


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…