Category: Trademark

Schneider Electric India Private Limited v. Millborn Switchgears Private Limited

A Commercial Court in Bengaluru recently restrained Millborn Switchgears Private Limited from manufacturing, marketing, offering for sale and advertising any product under the trademarks “MU” and “MU-G” and under the registered design of Schneider Electric India Private Limited. The Additional City Civil and Sessions Judge (Commercial Disputes) passed an ex-parte injunction order in a commercial … Continue reading Schneider Electric India Private Limited v. Millborn Switchgears Private Limited

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Protection Of Domain Name And Related Disputes

Introduction The domain name, like any other source identifier in trademark law, can be used as a sign of a company’s goodwill. In the world of e-commerce, a company’s domain name selection can be a crucial marketing tool, if not the most crucial component of its online presence. Users frequently attempt to predict a company’s … Continue reading Protection Of Domain Name And Related Disputes

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Determination Of Jurisdiction In The Cyberspace From The Perspective Of Trademark Disputes, With Respect To CPC And Trademarks Act

Introduction In the Age of “If your business is not on the internet, then your business will be out of business”, it naturally follows that more and more disputes arise from forums operating in the nebula that is the World Wide Web. Section 20(c) of CPC, and more specifically, Section 134(2) of the Trademarks Act … Continue reading Determination Of Jurisdiction In The Cyberspace From The Perspective Of Trademark Disputes, With Respect To CPC And Trademarks Act

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Ruling Of Karnataka High Court Deciding The Conundrum Of “Yezdi” Trademark Ownership

Introduction The term “Yezdi” has earned a lot of goodwill as pioneers of an indomitable symbol of the motorcycle industry since the 1960’s. Through various incidental graphs of globalization and commercialization the “Yezdi” trademark has pounced around with its ownership status.  Initially belonging to the Ideal Jawa (India) Ltd, this is currently under liquidation and … Continue reading Ruling Of Karnataka High Court Deciding The Conundrum Of “Yezdi” Trademark Ownership

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The Trending Hashtag Culture Leading To Trademark Infringements In Social Media?

Introduction Social media is a form of e- communication and a means of interaction, among which sellers share information, ideas and other contents via virtual groups and networks. Social media evolved in the 1990s and the launch of the early social media service was SixDegrees.com and Blogger- a portal for posting any personal blogs. Then, … Continue reading The Trending Hashtag Culture Leading To Trademark Infringements In Social Media?

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Vogue vs Vogue

Introduction The Karnataka High Court awarded Vogue Fashion Institute relief from the claim of trademark infringement initiated by the well-known American fashion magazine, Vogue, in the matter of Vogue Institute of Management & Ors. Vs. Advance Magazine Publishers Inc. The trademark “Vogue,” used by the magazine Vogue since 1892, was registered in India under Class … Continue reading Vogue vs Vogue

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Trademark : Principle Of Territoriality In The Virtual World

Introduction The increased competition among traders and trading companies in the world of commerce led to the development of the trademark concept. A trademark helps differentiate one product or company from another, making it easier for a customer to identify that product or company. The blog focuses on the trademark system’s territoriality principle. The innovations … Continue reading Trademark : Principle Of Territoriality In The Virtual World

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Invisible use of Trademark as Meta-tag: A case for Infringement under sec 29 of Trademark Act

Introduction In India, section 29 of the Trademark Act (hereinafter, the act) outlines what constitutes a registered trade mark infringement. According to Section 29(4)(c) of the act, anyone who uses a registered trade mark in the course of business without being the registered proprietor or using the mark in accordance with a permit, and who … Continue reading Invisible use of Trademark as Meta-tag: A case for Infringement under sec 29 of Trademark Act

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Khadi and Village Industries Commission Suit

Introduction A recognisable phrase, word, emblem, or symbol that identifies a particular product and legally distinguishes it from all other products of its sort is referred to as a trademark. A trademark recognises the company’s ownership of the brand and solely distinguishes a product as being its own. Generally speaking, trademarks are regarded as a … Continue reading Khadi and Village Industries Commission Suit

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Trademarking Times

Background The plaintiff, TRIUMPHANT INSTITUTE OF MANAGEMENT EDUCATION,  has adopted the trademark, i.e. T.I.M.E., an acronym derived from the name of the Company after the suit with TIME Inc., an educational institute in the USA, in 2003. In the suit, the plaintiff has settled the suit by agreeing not to use the word ‘TIME’ and … Continue reading Trademarking Times

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