Category: Trademark

Supreme’ Red-Box Logo Given A ‘Well-Known’ Mark Status by the Delhi High Court

13th September, 2023 - 1:29 pm Categories: Trademark Trademark Litigation

Introduction Brand logos are one of the key identification factors of brands globally. Most brands register their trademark under the relevant law to prevent and punish any unauthorized usage. But some brands and their logos become so famous that even in the absence of registration, their logos get legal protection. The present case Chapter 4 … Continue reading Supreme’ Red-Box Logo Given A ‘Well-Known’ Mark Status by the Delhi High Court

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Trademark Law For Entertainment Brands: Protecting A Brand Identity

24th August, 2023 - 7:15 am Categories: Trademark

Introduction Section 2 (1) (zb) of the trademark act of 1999 defines a trademark. It is a distinguishing sign or signal put on commercial items by a person or organization to differentiate one trader’s products from those of another. Trademarks are becoming valuable in the music and film industries. Music and film are two of … Continue reading Trademark Law For Entertainment Brands: Protecting A Brand Identity

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‘Use of Trademarks as Keywords’ : Case Summary of Google v. DRS

23rd August, 2023 - 8:58 am Categories: Trademark

INTRODUCTION The Delhi High Court in Google LLC v. DRS Logistics (P) Ltd.[1] has ruled in favour of DRS (‘Respondent’) in an appeal favoured by Google LLC (‘Appellant’). The division bench upheld the order of the single bench to the extent that the use of the respondent’s trademark as a keyword in the Google Ads … Continue reading ‘Use of Trademarks as Keywords’ : Case Summary of Google v. DRS

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Understanding Family Trademarks

21st August, 2023 - 7:51 am Categories: Trademark

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

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Posthumous Celebrity Rights- Until Death Do Us Apart?

14th August, 2023 - 9:36 am Categories: Celebrity Rights Trademark

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?

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Non-Use Of A Registered Trademark

11th August, 2023 - 10:04 am Categories: 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

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Neon Laboratories Limited Versus Medical Technologies Limited And Others

9th August, 2023 - 6:10 am Categories: Legal Issues Trademark

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

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Bhole Baba Milk Food Industries Limited Versus Parul Food Specialities (P) Limited

7th August, 2023 - 7:41 am Categories: Legal Issues Trademark

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

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Defending IPL From Ambush Marketing Strategies

25th July, 2023 - 9:25 am Categories: Intellectual Property Trademark

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

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Institut Europeen D Administration Des Affaires Insead, Association Vs. Fullstack Education Private Limited & Anr

18th July, 2023 - 9:52 am Categories: Legal Issues Trademark

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

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