trademarks
Defending Your Brand: How to Use Social Media and E-Commerce Takedown Requests for Effective Trademark Protection
As brands have begun to increasingly rely on digital platforms to reach and engage with their target audience, the risk of unauthorized use of trademarks and the sale of counterfeit products has also grown. Unauthorized pages and posts on social media can dilute a brand’s goodwill and reputation…
‘Customer of Average Intelligence Test’ in the Digital Age: An Analysis of Mountain Valley Spring India Pvt Ltd v. Baby Forest Ayurveda Pvt Ltd
A recent judgment in the case of Mountain Valley Spring India Pvt Ltd v. Baby Forest Ayurveda Pvt Ltd has reaffirmed several critical legal standards in trademark infringement and redefined the “customer of average intelligence and imperfect recollection” test considering the evolution of customer…
As Good As New! - Refurbished Goods: Guidelines and Implications
The Delhi High Court recently issued a significant judgment regarding the sale and rebranding of refurbished goods, particularly addressing disputes between Seagate Technology LLC and WD Technologies (“original manufacturers / plaintiffs”) against several Indian entities involved in the rebranding…
Email Service by the Trademark Registry: Effective or a Loophole for missed deadlines?
In an earlier blog, we discussed the significance of the Madras High Court’s decision in the case of Ramya S. Moorthy vs. The Registrar of Trade Marks, wherein the Applicant failed to receive the email service of the opposition notice from the Trademark Registry and, as a result, did not file the…
Decoding the Ambiguity: Sun Pharma vs. Dabur India and the Uncertainty of Extensions of Time at the Opposition Evidence Stage under Trade Mark Rules, 2017
The evolving landscape of the rules governing extensions of time at the evidence stage of opposition proceedings, particularly examining the transition from the Trade Marks Rules of 2002 (hereinafter “2002 Rules”) to the Trade Mark Rules 2017 (hereinafter “2017 Rules”) is a topic which has sparked…
Personality Rights – Is it enough to protect us from AI?
It is not really surprising that with the rapid development of technology, its adverse effects are also increasing every day. But is this having more implications on the popular personalities of our society, or has it just been appearing so lately? Let’s have a look. Recently, many popular actors…
FLY HIGH vs FLY HIGHER, Delhi High Court Decides Upon Infringement of a mark not being used as a Trademark
The Delhi High Court’s Justice Jyoti Singh vide her order dated October 28, 2022 has vacated an ex-parte ad interim injunction (dated January 21, 2022) against Tata Sia Airlines for using the mark ‘Fly Higher’ in their promotional campaigns. The case, Frankfinn Aviation Services Private Ltd. vs…
Trademark renewal in Pakistan
A trademark in Pakistan can be renewed for a period of 10 years. A request to renew a trademark in Pakistan should be made at any time during 6 months before the expiry of the trademark. A trademark application filed post-April 12, 2004, is granted registration for 10 years from the date of…
Maintaining a Trademark in Sri Lanka
A trademark once registered in Sri Lanka, is valid for a period of 10 years from the date of filing of the application or from the date of last renewal, as the case maybe. A trademark can be renewed in Sri Lanka by filing the request on Form M05 and paying the renewal fee. The request to renew the…
Moment Marketing and its legal implications
The power of the internet, in particular that of social media is humungous. People are constantly tied to their phones, eyeing for any latest news that may spring up, be it in the form of a tweet, a meme or a viral video. When used strategically, social media becomes one of the most powerful tools…