Category: Trademark

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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Adidas AMERICA INC. V. SKECHERS USA INC.

13th July, 2023 - 9:58 am Categories: Legal Issues Trademark

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.

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Celebrating a Legal Triumph: Vardhman Sancheti V. Bhupendra Tekwani DBA Artncraft, Trademark Trial and Appeal Board, USPTO (Cancellation No.92077340)

12th July, 2023 - 9:38 am Categories: Trademark

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)

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Yahoo! Inc. v. Akash Arora & Anr(1999) Delhi HC

10th July, 2023 - 6:17 am Categories: Trademark

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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Process Of Registration Of Trademark In Nepal

8th July, 2023 - 10:18 am Categories: Trademark

Definition Of Trademark Trademark is defined under Section 2 (c) of The Patent, Design and Trade Mark Act, 2022 (1965) as any word, or symbol, or picture, or combination which is used by any individual or firm or company in their goods or services in order to distinguish the same from the goods or services … Continue reading Process Of Registration Of Trademark In Nepal

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Intermediaries And Their Liabilities: Analysis Of Christian Louboutin Vs Nakul Bajaj

23rd June, 2023 - 6:52 am Categories: Trademark

Introduction The advent of e-commerce has revolutionized the way people shop and conduct business. With the ease of online transactions, e-commerce platforms have become an integral part of our daily lives. However, with the rise of e-commerce, trademark infringement issues have also arisen. In India, the e-commerce industry is booming, and the government has implemented … Continue reading Intermediaries And Their Liabilities: Analysis Of Christian Louboutin Vs Nakul Bajaj

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