Budweiser says cheers after Delhi High Court Rules in its favour
In today’s world of technology, a major part of our lives are lives are spent virtually via social media. Social media is no longer just […]
Trademark
Report on the workshop on trade marks by Ms. Shumi Wasandi
The workshop session on Trade Marks (Applications and Oppositions): practice and procedures started at 4:45 pm IST on the 31st October, 2020. The meeting was […]
Counterfeits to Burberry’s Haymarket Check Trademark under Legal Scanner- yet again!
In its 164 years of existence, Burberry has time and again defended its “haymarket check” trademark from counterfeiters across the globe. If the description did […]
Mahindra’s Roxor Versus Fiat Chrysler’s Jeep: US Trade Dress Infringement Case
Are you a car addict?? Want to read something about cars?? Then you are at the right place…This post covers the Trade dress infringement suit […]
Madras High Court stays single bench order restraining Patanjali from using term ‘Coronil’
The controversy surrounding Baba Ramdev’s Patanjali Ayurveda Ltd. attempt to trademark the word ‘Coronil’ for the controversial drug ‘Coronil’ which is promoted as a cure […]
A Battle between luxury mark and mark of a common-average man
Analysis of BMW AG v. Om Balajee Automobile (India) Pvt Ltd What do you understand by the term ‘brand’? Is it a connotation to a […]
Emojis as intellectual property right: registering speech formats
“The English Language cannot fully capture the depth and complexity of my thoughts so I’m incorporating emoji into my speech to better express myself, Winky-face” […]
‘NO TURN’ to the defence of Prior Use
The principle of “Priority in adoption and use prevails over adoption in registration” is a well established judicial principle. This principle says that the rights […]
Prohibited Trademarks: What words and terms could lead to denial of your Trademark registration?
Thinking of a new innovative business model? A new start-up or product name that could set you apart from the crowd of the ever-growing additions […]
Death of a Distinctive mark by Genericide
Discussion of Aktiebolaget Volvo & ors v. Mantis technologies pvt. Ltd. & ors.[29 June, 2020] A mark is an image or face of the goods […]
Leeching as a mode of Trademark Infringement
The Rationale behind Trademark Protection Just as how humans are identified by their names, the ideas materialized by humans deserve to be identified by a […]
Using IPR as collateral: Business Continuity in Post-Covid Landscape
I. Introduction:The COVID-19 pandemic has thrown open dilemmatic questions to various business houses quizzing them about their survival, expansion plans and business continuity. The pandemic […]
Trademarkability of “.com” marks with generic terms
We often argue that generic words can’t be trademarked because it tends to be used in the same industry by the other proprietors to refer […]
Doom’s Day- An End to 150 years of Good yearicism
USPTO v. Booking.com[1]This post is in continuation to our previous posts covered here and here. The day has come and the SCOTUS (Supreme Court of […]
Genuine Artistic Motive Wins Over Trademark Infringement Allegation
The right to Freedom of speech in general enables us to express ourselves freely in different forms. Trademark law, on the other hand, protects the […]
Calling for a CONscious use of the “Well-Known” Mark ISKCON
On 6th March 2020[1], the Single Bench of the Bombay High Court led by Hon’ble Mr. Justice B.P Colabawalla, granted an ad-interim injunction in favour […]
How the addition of “.com” to a generic word, can be protectable under US trademark law
USPTO v. Booking.com B.V[1] As my colleague, in his article “Trademark Incapacity Doctrine or Primary significance test: Which favours Generic mark to be recognized as […]
The pecuniary jurisdiction of courts in IPR disputes
Mr. Nosy Parker is an artist who creates interesting posters at his leisure. Recently, through one of the groups on facebook, he saw an attractive […]
Pitbull yells out a trademark for himself! How Trade marking sounds have come a long way.
The jurisprudence of trademark laws, all around the world, has categorized a sound mark as a non-conventional trademark. It is usually seen as a trade […]
Trademark Incapacity Doctrine or Primary significance test: Which favors Generic mark to be recognized as trademark?
The principal purpose of a trademark is to act as a ‘source signifier’ and not ‘product signifier’. A mark qualifies as a trademark when a […]