Category: Trademark

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

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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

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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

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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

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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

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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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