Category: Trademark

Moonshine Technology (P) Ltd. V. Tictok Skill Games (P) Ltd.: Position Of “Descriptive Words”, “Delay” And Protection Of Consumers ’ Interests In A Trade Marks Act Infringement Case

Introduction Trademark infringement, defined under Section 29 of the Trade Marks Act, 1999[i] (hereinafter, referred to as ‘Act’) is the unauthorized use of a mark that is identical or deceptively similar to a registered trade mark and may cause confusion about the source of the goods or services. In the recent Trad emark act infringement … Continue reading Moonshine Technology (P) Ltd. V. Tictok Skill Games (P) Ltd.: Position Of “Descriptive Words”, “Delay” And Protection Of Consumers ’ Interests In A Trade Marks Act Infringement Case

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The Shifting Balance Of Convenience Under Indian Trademark Law

The case of Moonshine Technology Private Limited vs. Tictok Skill Games Private Limited and Others was decided by the Delhi High Court regarding the trademark infringement of the plaintiff’s registered trademark over the word “Baazi” by another gaming company using the word Baazi as a part of the poker game’s title as “WinZoBaazi”. The plaintiff … Continue reading The Shifting Balance Of Convenience Under Indian Trademark Law

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Scuffle Between Indiana Common Law and Lanham Act for Unfair Competition Claims Equally Covered

Renee Gabet, the owner of Annie Oakley enterprises (“plaintiff”)  filed a civil action against amazon Inc on the ground of selling their trademark infringed product on the website at the United States District Court for the Southern District of Indiana,  (“Indianapolis Division”, “Court”) under Lanham act and Indiana common law which includes a claim for … Continue reading Scuffle Between Indiana Common Law and Lanham Act for Unfair Competition Claims Equally Covered

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Battle Of The Brands: Easygroup Can’t Take It ‘Easy’ Against Skyscanner

In yet another case of Easygroup Ltd. V. Skyscanner, Inc, the United States District Court Southern District of Florida (“Court”) took trademarks to the mat. This case examined the infringement of four registered trademarks in the United Kingdom, as well as the shared liability for passing off. On January 7, EasyGroup, a British company, filed … Continue reading Battle Of The Brands: Easygroup Can’t Take It ‘Easy’ Against Skyscanner

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District Court Decides Which Party was the Wrongdoer in the Ballet Shoes Trademark Case

I.M. Wilson, is a Pennsylvania corporation which operates in King of Prussia in Pennsylvania and sells a variety of dance-related products, including ballet shoes and printed shoes. The founder of the corporation is Irene and the President is I.M. Wilson. OOO Grichko is a Russian company that manufactures and sells dancewear products, including ballet shoes … Continue reading District Court Decides Which Party was the Wrongdoer in the Ballet Shoes Trademark Case

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A Clear Case of Trademark Dilution: Court’s Response to Trademark Infringement via Granting Default Judgment

Bob and Me Productions, Inc., an American restaurant and trademark owner brought this civil action against Lemon Leaf Café, LLC. The civil action was brought at the United States District Court for the Central District of California(“District Court”) (Bob & Me Prods. v. Lemon Leaf Café, LLC, 2020 U.S. Dist.). The grounds of civil action … Continue reading A Clear Case of Trademark Dilution: Court’s Response to Trademark Infringement via Granting Default Judgment

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Can A Passing-Off Action Be Filed Against The Infringement Of Shape Of A Good? A Case Analysis

Introduction: Have you ever wondered if a bottle shape may be trademarked? Typically, The Designs Act, 2000 protects these aesthetic appearances and establishes the essential specifications that are deemed to be the conditions for a design’s registration under the Design Act, 2000. The shape of bottles, on the other hand, is regarded as distinctive and … Continue reading Can A Passing-Off Action Be Filed Against The Infringement Of Shape Of A Good? A Case Analysis

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Comparative Advertisement: Judicial Trends In The Contemporary World

INTRODUCTION: In many nations, comparative advertising is a common form of commercial advertising. The word “comparative advertisement” refers to a comparison of an advertiser’s goods and services to those of a competitor. The goal of comparative advertising is threefold: to raise public awareness through honest comparison, to promote the brand, and to increase market sales. … Continue reading Comparative Advertisement: Judicial Trends In The Contemporary World

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Case Analysis: P. Sundaram v. Asia Match Company

This interim order on the issue of whether the respondent, based on the location of their branch office, can maintain the present suit within the territorial jurisdiction of the present Court, i.e., a question on the issue of the jurisdiction of the commercial division. The case originally was filed by Respondents in this case who … Continue reading Case Analysis: P. Sundaram v. Asia Match Company

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An Overview on the Concept of Dilution of Trademarks

An overview on trademarks, their significance, and registration Trademarks play a crucial role in reflecting the quality of a product or service. Moreover, it provides a sense of individuality to the brand by differentiating its products and services from other competitors in a particular domain. Trademarks are a valuable asset to a company or a … Continue reading An Overview on the Concept of Dilution of Trademarks

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