The Path to ‘Well-Known’ Status for Trademarks: A Leap Forward
The enduring allure of the well-known mark – a status akin to the classic Onida tagline- Neighbour’s envy- owner’s pride. Though we don’t have Onida […]
Trademark
TRADEMARKING IN THE FOOD INDUSTRY IN ASIA
Customers have many options for the same goods in a world where innumerable food and beverage businesses are opening up every single day. In such […]
Forging the Path of Trademark Rights: Unravelling the ‘RATHI’ Dispute within the Rathi Family
Case Citation: Dhananjay Rathi vs. Shree Vasu Steels Private Limited and Ors., MANU/DE/3191/2023 decided on 15.05.2023 in the High Court of Delhi. Introduction: This case […]
When Whiskey Meets Dog Toys: A Legal Showdown on Parody and Trademark Infringement
Your pet might have been playing with your Whisky Bottle. Sounds interesting, no? Well, this dream could have been achieved and was in-fact well achieved […]
Corn Products Refining Co. vs Shangrila Food Products Ltd
Case Citation: AIR1960SC142 Introduction: The case involves an application for the registration of a trade mark under the Trade Marks Act, 1940. The respondent, Shangrila […]
Anti-Suit Injunction and Anti Anti Suit Injunction
Introduction An injunction is a remedy granted by courts that prohibits the commission of a wrong threatened or the continuance of a wrongful course of […]
The Intersection of Trademark Law and Publicity and Privacy Rights
The legal fraternity has witnessed the dynamics of and the tensions between trademark law with multiple areas of law such as contract law, antitrust law, […]
Delhi High Court halts family restaurant from using ‘BURGER KING’ trademark
Burger King Co. LLC v. Virendra Kumar Gupta[1], is a trademark infringement case that was filed in the Intellectual Property Division of the Delhi High […]
Advertiser’s Freedom to Make Ads with “Generic Comparison” V/S Product Disparagement: Where to Draw the Line?
INTRODUCTION Advertisement is seen by sellers as a critical tool to promote their product, grab the attention of new consumers, and retain existing consumers in […]
After All, Adidas Does Not Own Stripes
We witness a bunch of stripes on apparel, and we instantly tend to associate it with the sportswear giant Adidas, until we check the brand […]
Does a brand die when its services are discontinued? Understanding through the case of Vistara!
VISTARA has been making the headlines. In the 4th Quarter of 2022, Tata Sons announced the merger of Air India and Vistara which has recently […]
A New Test Budding for Judging Likelihood of Confusion: The Hetero Healthcare Ltd Case
Introduction The Delhi High Court (“HC”), in recent months, has been called upon to pass an interim injunction order against an alleged trademark infringement and […]
RAJNIGANDHA v RAJNIPAAN: A classic case of deceptive similarity
INTRODUCTION Pan Masala as an industry is seeing an immense surge recently in terms of trade and consumption. The data regarding its consumption shows significant […]
NUANCES OF BONAFIDE USE UNDER THE INDIAN TRADEMARK ACT
Introduction For any business, its brand plays an essential role in its success amongst the consumer base. The brand takes on a personality of itself, […]
“An attempt to mislead, if not deceive”- Calcutta HC in the case of Fox & Mandal v. Fox Mandal
The Calcutta High Court vide its order dated 15th November 2022 in its case of FOX AND MANDAL AND ORS. Vs SOMABRATA MANDAL AND ORS […]
Brands in Metaverse: from the filing of trademarks to their enforcement
The term “Metaverse” broke into the public consciousness in October 2021 when Facebook renamed itself, Meta, a testament to its ambition in this new arena. […]
Delhi HC in trademark violation case by Louis Vuitton against banned Chinese e-shopping portal
When it comes to the fashion industry, it’s a lot easier to make counterfeit products. The imitators replicate the style and add the brand name. […]
AMUL v. AMUL Candles: A classic case of encashing goodwill
INTRODUCTION AMUL has been a part of everyone’s childhood. The delicious treats and wide variety of products that this establishment has to offer have attracted […]
‘BOLTING’ TO BE TRADEMARKED SOON
After registering his name “ lighting Bolt ” and the slogan “ BOLT THE WORLD”, the fastest man in the world i.e. Usain Bolt is […]
CASE STUDY OF LEVI STRAUSS & CO. v. IMPERIAL ONLINE SERVICES PRIVATE LIMITED & ORS.
Introduction The famous case of Levi Strauss & Co. v. Imperial Online Services Pvt. Ltd. is bound to become a landmark decision in the field […]