Category: Trademark

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

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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

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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

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Trademarks Licensing and Franchising in Cambodia

29th December, 2022 - 5:21 am Categories: Licensing Trademark

Introduction With a continuous remarkable growth rate of 7.7% between 1995 and 2018, Cambodia’s economy is expanding quickly (World Bank, Cambodia Overview). Cambodia has changed from being categorised by the World Bank as a low-income country to a lower middle-income country over that time. A sizeable middle class had also grown, especially in Phnom Penh. … Continue reading Trademarks Licensing and Franchising in Cambodia

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Deadwood Trademark

5th December, 2022 - 11:11 am Categories: Trademark

Introduction The purpose of a trademark is to identify a manufacturer or trader’s goods as their own so that he or she may later profit from the reputation for those items that may have been established by superior skill, diligence, and entrepreneurship. An authentic trademark assures the buyer of the origin and calibre of the … Continue reading Deadwood Trademark

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Protection of Trademarks in China

1st November, 2022 - 5:59 am Categories: Trademark

Introduction Foreign companies entering the Chinese market need to familiarize themselves with its complex trademark regime, which both facilitates protections while also imposing certain unique limitations that brands must work around. China’s trademark regime follows a first-to-file system and so does not recognize international trademarks if they are not registered in the mainland. While China … Continue reading Protection of Trademarks in China

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Understanding Arbitrability Of Trademarks

22nd October, 2022 - 6:14 am Categories: Trademark

INTRODUCTION In its judgement in M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited[1][2021], the Delhi High Court recently delved into the interpretation of Section 8 of the Arbitration and Conciliation Act, 1996, in regard to trademark disputes. Before delving into the topic of trademark-related arbitrability, it is important to evaluate the existing state … Continue reading Understanding Arbitrability Of Trademarks

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Protection of Geographical Indications in UAE

20th October, 2022 - 5:38 am Categories: Trademark

Introduction Trademarks are normally used by companies to safeguard the Intellectual Property rights of their goods or services from that of other companies. By applying for trademark protection, the businesses can have exclusive rights over their products, thereby preventing rival companies from using them. The geographical indication can be used to protect the products originating … Continue reading Protection of Geographical Indications in UAE

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Levi Strauss And Co. Vs. Imperial Online Services Private Limited And Ors. –A New Development In The Realm Of Unconventional Trademarks.

30th September, 2022 - 5:50 am Categories: Trademark

INTRODUCTION This case of Levi Strauss & Co. v. Imperial Online Services Pvt. Ltd. is bound to become a pivotal event in the realm of non-traditional trademark protection. The primary issue, in this case, was whether or not stitching patterns qualified for trademark protection under the Trade Marks Act, 1999. This suit was filed in … Continue reading Levi Strauss And Co. Vs. Imperial Online Services Private Limited And Ors. –A New Development In The Realm Of Unconventional Trademarks.

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Reinforcing The Test of Deceptive Similarity Under Trademark Law- Cadbury Gems VS Jamesbond

28th September, 2022 - 11:08 am Categories: Trademark

Trademark is one of the intellectual property which can be created by any person with his labor and intellect. Basically, a trademark can be any word, phrase, symbol, design or a combination of all these things which helps to identify any goods or services. Whenever a goods or services is associated with any mark, it … Continue reading Reinforcing The Test of Deceptive Similarity Under Trademark Law- Cadbury Gems VS Jamesbond

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