- AI
- Arbitration
- Asia
- Automobile
- Bangladesh
- Banking
- Biodiversity
- Biological Inventions
- bLAWgathon
- Brand Valuation
- Business
- Celebrity Rights
- Company Act
- Company Law
- Competition Law
- Constitutional Law
- Consumer Law
- Consumer Protection Authority
- Copyright
- Copyright Infringement
- Copyright Litigation
- Corporate Law
- Counterfeiting
- Covid
- Design
- Digital Media
- Digital Right Management
- Dispute
- Educational Conferences/ Seminar
- Environment Law Practice
- ESIC Act
- EX-Parte
- Farmer Right
- Fashion Law
- FDI
- FERs
- Foreign filing license
- Foreign Law
- Gaming Industry
- GDPR
- Geographical Indication (GI)
- GIg Economy
- Hi Tech Patent Commercialisation
- Hi Tech Patent Litigation
- IBC
- India
- Indonesia
- Intellectual Property
- Intellectual Property Protection
- IP Commercialization
- IP Licensing
- IP Litigation
- IP Practice in India
- IPAB
- IPAB Decisions
- IT Act
- IVF technique
- Judiciary
- Khadi Industries
- labour Law
- Legal Case
- Legal Issues
- Lex Causae
- Licensing
- Live-in relationships
- Lok Sabha Bill
- Marriage Act
- Maternity Benefit Act
- Media & Entertainment Law
- Mediation Act
- Member of Parliament
- Mergers & Acquisition
- Myanmar
- NCLT
- NEPAL
- News & Updates
- Non-Disclosure Agreement
- Online Gaming
- Patent Act
- Patent Commercialisation
- Patent Fess
- Patent Filing
- patent infringement
- Patent Licensing
- Patent Litigation
- Patent Marketing
- Patent Opposition
- Patent Rule Amendment
- Patents
- pharma
- Pharma- biotech- Patent Commercialisation
- Pharma/Biotech Patent Litigations
- Pollution
- Posh Act
- Protection of SMEs
- RERA
- Section 3(D)
- Signapore
- Social Media
- Sports Law
- Stamp Duty
- Stock Exchange
- Surrogacy in India
- TAX
- Technology
- Telecom Law
- Telecommunications
- Thailand
- Trademark
- Trademark Infringement
- Trademark Litigation
- Traditional Knowledge
- UAE
- Uncategorized
- USPTO
- Vietnam
- WIPO
Non-Conventional Trademarks: A Legal Analysis
NATURE AND SCOPE OF NON-CONVENTIONAL TRADEMARKS The Non-Conventional marks are those marks which do not fall under the category of conventional marks such as marks including letters, numbers, logos, pictorial description, symbols, or those elements which consists of the combinations of such elements. The definition of Non-Conventional mark is illustrative and states that it includes … Continue reading Non-Conventional Trademarks: A Legal Analysis
Read more »Position Of Unconventional Trademarks In India
INTRODUCTION As of late, the field of intellectual property has seen immense improvement, particularly with respect to trademarks. The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) perceives different sorts of trademarks. India has additionally rolled out vital improvements in its laws to follow the arrangements of the TRIPS agreement. A trademark according to … Continue reading Position Of Unconventional Trademarks In India
Read more »Principles of Passing off In Trademarks: Wockhardt Limited Vs. Torrent Pharmaceuticals Ltd.
Background Torrent Pharmaceuticals Ltd. (Plaintiff/ Respondent) owned a trademark a trade mark called “CHYMORAL” and “CHYMORAL FORTE”, which is a drug administered post-surgically for swellings that may arise and/or wounds that may arise. They filed a suit for infringement and an interlocutory application for passing-off against the rival, Wockhardt Limited (Defendant/ Appellants) for violating its … Continue reading Principles of Passing off In Trademarks: Wockhardt Limited Vs. Torrent Pharmaceuticals Ltd.
Read more »Fashion And Trademarks: The Clothing Controversy
Much like the trends on a ramp evolve every season, in the same way legal strategies of the industry’s leading fashion brands, fashion-houses and designers are in flux. Fashion is something to which each one of us relates. It is a part of everyone’s daily life; be it in the form of apparels or shoes … Continue reading Fashion And Trademarks: The Clothing Controversy
Read more »Trademark Squatting: A Threat To MNCs
With the evolution of Globalization and the increasing presence of multi-national corporations like Amazon and Apple Inc. amongst others, enforcing Global Intellectual Property (“IP”) Rights becomes indispensable. As a result of this, business owners need to be conscious of ways to ensure that their IP, especially trademarks is protected globally. In 2012, Apple faced an … Continue reading Trademark Squatting: A Threat To MNCs
Read more »A Reminder for Online Retailers
Here’s one case that involves an online retailing businesses that is having a link with Trade mark Law – Jadebay Ltd and others v Clarke-Coles Ltd (t/a Feel Good UK) [2017] EWHC 1400 (IPEC). However, overlooking the customary practice of online retailing methods, the Intellectual Property Enterprise Court followed the theoretical root of the Trade … Continue reading A Reminder for Online Retailers
Read more »Appointment of Chairman of the Intellectual Property Appellate Board
IPAB is one of the most important IP tribunals in the country and was established by the Central Government by notifying in the Official Gazette on 15.07.2003. IPAB is an administrative body that has appellate jurisdiction over the decisions of the Controller of Patents, Registrar under the Trade Marks Act, 1999, and the Geographical Indications. … Continue reading Appointment of Chairman of the Intellectual Property Appellate Board
Read more »Louboutin’s ‘Red Sole’ Declared as a Well-Known Trademark by Delhi HC
The news of famous French fashion designer Christian Louboutin’s ‘red sole’ shoes with their sky heel stiletto and iconic red sole often regarded as the fashion statement has recently been in the limelight for being declared as a well-known trademark by Justice Mukta Gupta, Delhi High Court, but very few know the story behind the … Continue reading Louboutin’s ‘Red Sole’ Declared as a Well-Known Trademark by Delhi HC
Read more »Trade Mark Infringement-Toyoto Jidosha Kabushiki Kaisha. vs. M/S Prius Auto Industries Ltd. and Ors.
Time for Considering Territoriality Principle over Universality Principle Courts are gradually shifting their focus to territorial nature of Trade Marks. The same was also quite evident in the Exide case, that has been discussed in the previous blog (here). However, no conclusion was drawn in the case due to ‘out of court settlement’. But, the … Continue reading Trade Mark Infringement-Toyoto Jidosha Kabushiki Kaisha. vs. M/S Prius Auto Industries Ltd. and Ors.
Read more »Exide Industries Limited vs. Exide Corporation, U.S.A. & Ors.
The case Exide India v Exide US brings into effect the perplexing issue of Trademark law. The dispute dates back to 1997 when the US based Company ‘Exide Technologies’ entered the Indian market post Liberalisation, where Indian company ‘Exide Industries’ was already present over the decades in the local market selling automobile batteries under the … Continue reading Exide Industries Limited vs. Exide Corporation, U.S.A. & Ors.
Read more »