Category: Trademark

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

8th February, 2023 - 6:05 am Categories: Trademark

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

Read more »

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

2nd February, 2023 - 6:18 am Categories: Trademark Trademark Infringement

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?

Read more »

Vogue vs Vogue

31st January, 2023 - 6:06 am Categories: Legal Issues Trademark

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

Read more »

Trademark : Principle Of Territoriality In The Virtual World

27th January, 2023 - 6:32 am Categories: Trademark

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

Read more »

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

24th January, 2023 - 7:55 am Categories: Trademark

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

Read more »

Khadi and Village Industries Commission Suit

23rd January, 2023 - 7:02 am Categories: Intellectual Property Khadi Industries Trademark

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

Read more »

Trademarking Times

18th January, 2023 - 7:39 am Categories: Trademark

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

Read more »

Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors

14th January, 2023 - 6:39 am Categories: Copyright Infringement Trademark

Introduction “While one person may build a home, another knit a sweater so also may a third create a valuable personality, all three must be recognised by the law as ‘property’ protected against trespass and theft.”[1] A person laboriously constructs a celebrity persona through a combination of intellectual, emotional and physical efforts. The good-will and … Continue reading Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors

Read more »

Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction

10th January, 2023 - 5:47 am Categories: Legal Issues Trademark

Introduction As a settled proposition of law, ex-parte injunctions are granted by the court only in exceptional cases. In IPR matters, specifically in cases of trademark infringement, the plaintiff, out of several remedies, has the option of asking for an ex-parte injunction. While observing the principles on which the court may grant an ex-parte injunction … Continue reading Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction

Read more »

Rajnigandha vs. Rajnipaan

2nd January, 2023 - 9:49 am Categories: Trademark

Introduction This theory of initial interest confusion relies on luring the buyer toward the product in an effort to cause confusion among the general population. Before the customer even buys the product, there is already uncertainty due to two marks that are identical to each other and operate in the same market. As it has … Continue reading Rajnigandha vs. Rajnipaan

Read more »

Categories

Archives