Category: Trademark

Trademark Wars: The Case of Burger King vs. Burger King and the Territorial Intricacies of Trademark Law in India

INTRODUCTION Trademarks are not simply the owner’s commercial signature, but are “a silent salesman” through which direct contact between the owner of the mark and the consumers are made and can be sustained.  In the old-style trade mark system of valuation, the value of the trade mark was judged in terms of its efficacy as … Continue reading Trademark Wars: The Case of Burger King vs. Burger King and the Territorial Intricacies of Trademark Law in India

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Trademark Protection in the Pharmaceutical Industry: Insights from Mankind Pharma Limited V. Sanshiv Health Tech Private Limited

A main part of global healthcare system is the pharmaceutical industry, which calls for great procession in protecting intellectual property. By identifying one product from another, trademarks in this industry serve to both protect consumers and represent a company’s brand. The Delhi High Court’s ruling in Mankind Pharma Limited v. Sanshiv Health Tech Private Limited … Continue reading Trademark Protection in the Pharmaceutical Industry: Insights from Mankind Pharma Limited V. Sanshiv Health Tech Private Limited

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Separating Trademark Infringement and Passing off

Introduction Brands in today’s environment are no longer just slogans, they are encompassing identity that represents quality, reputation, and trustworthiness. Any brand company must be very keen in protecting these brands. Two key areas of the Intellectual Property law, that of trademark infringement and passing off, are involved in this protection. Although these two terms … Continue reading Separating Trademark Infringement and Passing off

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Sipping on Legalities: Decoding the 2023 Madhya Pradesh High Court judgment in the Blenders Pride vs. London Pride Trademark Saga

INTRODUCTION  Brand management and marketing are ever-evolving industries, which means there are bound to be challenges in the use of trademark elements, which turns into litigation battles. One such case that draws the attention of many is the matter of Pernod Ricard India Private Limited and Ors. Vs. Karanveer Singh Chhabra, more commonly known as … Continue reading Sipping on Legalities: Decoding the 2023 Madhya Pradesh High Court judgment in the Blenders Pride vs. London Pride Trademark Saga

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The Analysis of Quasi-Judicial Functions and Appointments in India’s Patent and Trademark Offices

Introduction India’s Intellectual Property (IP) ecosystem faced many challenges in recent times because of technological advancements, new forms of inventions etc., one of the major challenges is the appointment of the employees in the Patent and Trademark Offices. These appointments are critical, as they affect the final grant of the intellectual property rights. The Indian … Continue reading The Analysis of Quasi-Judicial Functions and Appointments in India’s Patent and Trademark Offices

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The Intersection of Industrial Design and Copyright Law

INTRODUCTION: Intellectual Property Rights, constitute a group of rights that can sometimes overlap, resulting in multiple forms of protection to the owner over the same subject matter. This overlap is generally inevitable and occurs when the IPR holder/proprietor tries to assert his right under more than one concept. To address such situations, it is essential … Continue reading The Intersection of Industrial Design and Copyright Law

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The impact of non registering the trademark User agreement

Introduction Trademark are critical since they provide the identity of any company. Through trademark registration, customers differentiate various products and services. While trademark registration is one of the means through which legal protection is available, most firms do not recognize the register for user agreements of trademarks. These agreements involve the terms guiding third-party usage of … Continue reading The impact of non registering the trademark User agreement

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The Impact of India’s ‘Trans-Border Reputation’ Doctrine on International Trademark Bullying Cases

Introduction Trademarks at the crossroads: the Indian style of setting up the trademarks In the constantly developing world of the intellectual property rights protection, India has established its position as a specific player in the sphere due to its individual approach in the trademarks matter. The basis of this approach is the “’trans-border’ reputation” legal … Continue reading The Impact of India’s ‘Trans-Border Reputation’ Doctrine on International Trademark Bullying Cases

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Trademark Registration Process in India

Introduction A trademark could be in a form of a word, logo, device, brand, heading, label, ticket, name, or signature which is capable of distinguishing the goods or services of one entity from those of another. It can include the shape of the goods, their packaging, and the combination of colors, and it needs to … Continue reading Trademark Registration Process in India

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Branding the Game: The use of Trademarks in Sports

INTRODUCTION The year 2024 has given us a summer full of amazing sporting events, starting with the Euros and continuing with Wimbledon, the Tour de France, and eventually the Olympic and Paralympic Games.[1] In this we will see behind the scenes how trademark protection strategies are important in sporting industry.[2] Business value is created by … Continue reading Branding the Game: The use of Trademarks in Sports

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