Category: Trademark

Protection of Well-Known Marks: WIPO Joint Recommendation

27th January, 2020 - 12:57 pm Categories: Trademark

“What’s in a name? That which we call a rose by any other name would smell as sweet”- Shakespeare In many countries, getting trademark registered is the only apparatus to obtain statutory rights. As an essential element to registration, some countries requires the owner of the trademark to use or make evident its intent to … Continue reading Protection of Well-Known Marks: WIPO Joint Recommendation

Read more »

“Immoral Or Scandalous” Bar On Trade Mark A Violation Of Free Speech? – Us Supreme Court Ruling

24th October, 2019 - 4:39 am Categories: Trademark

INTRODUCTION The Lanham Act, also known as the Trademark Act of 1946 is a US Federal statute that governs the trademarks, service marks and unfair competition, similar to the Trademarks Act of India. Under the act any trademark which comprises of immoral, deceptive or scandalous matter which may disparage or falsely suggest a connection with … Continue reading “Immoral Or Scandalous” Bar On Trade Mark A Violation Of Free Speech? – Us Supreme Court Ruling

Read more »

Cultural Appropriation and Trademark Law

13th August, 2019 - 4:54 am Categories: Trademark

Kim Kardashian West, the popular American media personality, described by her critics and admirers as being ‘famous for being famous’ was recently in news this June after receiving a wave of backlash on social media against the decision to name her new shapewear line “Kimono” which is also a traditional Japanese robe garment. The issue … Continue reading Cultural Appropriation and Trademark Law

Read more »

Shoe Branding Europe V. Adidas: Case History

22nd June, 2019 - 4:53 am Categories: Legal Issues Trademark

Introduction of Companies involved in the dispute Shoe Branding Europe BVBA is a Belgian footwear company and wants to register it’s 2 stripe logo as a trademark. Adidas has its roots in Germany but now it’s a global company dealing in Sportswear. Adidas has a 3 stripes logo to differentiate its product from other products … Continue reading Shoe Branding Europe V. Adidas: Case History

Read more »

Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting

5th June, 2019 - 10:07 am Categories: Legal Issues Trademark Trademark Litigation

Background The Bombay High Court has passed an order in Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr[1] imposing costs of INR 5 Crore to be paid by the defendants who were caught counterfeiting the Plaintiff’s mark and goods. In a global economy, counterfeiting activity is a challenge that impacts business … Continue reading Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting

Read more »

Khurana & Khurana Opens Jalandhar (Punjab) Office

11th May, 2019 - 11:55 am Categories: Copyright Copyright Infringement Copyright Litigation Corporate Law Fashion Law Intellectual Property IP Commercialization IP Licensing IP Litigation Licensing Media & Entertainment Law NCLT Patent Filing patent infringement Patent Litigation Patent Opposition Patents Trademark Trademark Litigation

Khurana & Khurana, Advocates and IP Attorneys (K&K) along with its IP Asset Management Practice, IIPRD, are happy to announce that they are expanding to Punjab and opening up their new branch Office in Jalandhar, w.e.f *insert date*, in wake of its growing Intellectual Property (IP) and Commercial Litigation Practice, and with an intent to … Continue reading Khurana & Khurana Opens Jalandhar (Punjab) Office

Read more »

A Holistic Compendium: Indian Trademark Cases 2018

23rd April, 2019 - 6:14 am Categories: Trademark

Awareness about intellectual property in India is on the rise, so is the number of trademark registration and therefore the infringement of registered marks are increasing. Indian Trade Mark Jurisprudence has crossed quite a lot of mile stones in year 2018 due to the increase in the number of litigations and by contributing to the … Continue reading A Holistic Compendium: Indian Trademark Cases 2018

Read more »

Non-Conventional Trademarks: A Legal Analysis

15th April, 2019 - 12:22 pm Categories: Trademark

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

15th February, 2019 - 12:32 pm Categories: Trademark

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.

10th October, 2018 - 4:07 am Categories: Legal Issues Trademark

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 »

Categories

Archives