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Understanding Family Trademarks
Introduction Trademarks serve to safeguard the distinctive characteristics that distinguish the origin of products under the ownership of a particular entity. This legal privilege is typically granted to those who have obtained registration or have been using such marks for a long period of time. Nonetheless, the subject at hand challenges this notion. Numerous well-known … Continue reading Understanding Family Trademarks
Read more »Posthumous Celebrity Rights- Until Death Do Us Apart?
Introduction With the advent of the 21st century, branding has gained importance. A successful banding strategy needs advertising. Engaging a known popular face for advertisement has become a trend. These faces often happen to be celebrities with large fan following who trust them. Celebrity endorsements are a way of influencing customers, gaining visibility and increasing … Continue reading Posthumous Celebrity Rights- Until Death Do Us Apart?
Read more »Non-Use Of A Registered Trademark
Section 47 Of The Trade Marks Act, 1999 The intention behind Section 47 of The Trade Marks Act, 1999 is to prevent hoarding of trademarks. It stipulates that a registered trademark may be taken off the register in case of non-user, if the trademark was registered without any bona fide intention on the part of … Continue reading Non-Use Of A Registered Trademark
Read more »Neon Laboratories Limited Versus Medical Technologies Limited And Others
Parties The Respondent-Plaintiffs are indulged in the manufacturing and marketing of pharmaceutical products and became the owner of the trademark ‘PROFOL’ in the year 2000 after amalgamating with the predecessor-in-title, Hematal Biologicals Ltd. or Core Health Care Ltd. who had applied for registration of the trademark ‘PROFOL’ in the year 1998 and received the registration … Continue reading Neon Laboratories Limited Versus Medical Technologies Limited And Others
Read more »Bhole Baba Milk Food Industries Limited Versus Parul Food Specialities (P) Limited
Parties: The Plaintiff manufactures and sells milk and dairy products. They have been using the mark ‘KRISHNA’ since the year 1992 and have earned substantial goodwill in the market. The Defendant filed for the registration of its trademark ‘Parul’s Lord Krishna’ bearing application number 1863747, on 17 September, 2009. Brief Facts: Brief facts of the … Continue reading Bhole Baba Milk Food Industries Limited Versus Parul Food Specialities (P) Limited
Read more »Defending IPL From Ambush Marketing Strategies
Introduction Sports play a massive role in everyone’s lives as a source of entertainment and unparalleled passion, contributing to 5% GDP of world’s economy[1]. Sports industry is one of the biggest industries across globe now owing to people’s increasing interest in the same. One such example is the popular Indian Premier League of cricket in … Continue reading Defending IPL From Ambush Marketing Strategies
Read more »Institut Europeen D Administration Des Affaires Insead, Association Vs. Fullstack Education Private Limited & Anr
Introduction In the instant case a dispute arose between the two business schools, INSEAD and INSAID regarding the infringement of the Petitioner’s trade mark and confusion among consumers. The court decided in the favor of Petitioner and held that there exists a likelihood of confusion and both trademarks are phonetically similar. The court ordered to … Continue reading Institut Europeen D Administration Des Affaires Insead, Association Vs. Fullstack Education Private Limited & Anr
Read more »Adidas AMERICA INC. V. SKECHERS USA INC.
Introduction The dispute between Adidas and Skechers is a keynote example to depict the multifaceted perspectives regarding the impact, application, and importance of a Trademark in the business realm. A trademark is one which possesses the power to differentiate & attribute goods/services of a firm from the other players in the market whose registration is … Continue reading Adidas AMERICA INC. V. SKECHERS USA INC.
Read more »Celebrating a Legal Triumph: Vardhman Sancheti V. Bhupendra Tekwani DBA Artncraft, Trademark Trial and Appeal Board, USPTO (Cancellation No.92077340)
Introduction Legal battles often shape the future of industries and serve as milestones for not just the individuals fighting for their rights but also for the future disputes to come. In the matter of Vardhman Sancheti v. Bhupendra Tekwani, DBA Artncraft[1], dated 05/06/2023 before the esteemed Trademark Trial and Appeal Board[2](hereinafter referred to as the … Continue reading Celebrating a Legal Triumph: Vardhman Sancheti V. Bhupendra Tekwani DBA Artncraft, Trademark Trial and Appeal Board, USPTO (Cancellation No.92077340)
Read more »Yahoo! Inc. v. Akash Arora & Anr(1999) Delhi HC
Introduction The issue at hand is considered to be one of the most important examples of cybersquatting in India. The illegal practice of registering a well-known brand or business name as a domain name in order to drive traffic and increase earnings to one’s website is referred to as cybersquatting. The act of Akash Arora … Continue reading Yahoo! Inc. v. Akash Arora & Anr(1999) Delhi HC
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