- AI
- Air Pollution
- Arbitration
- Asia
- Automobile
- Bangladesh
- Banking
- Biodiversity
- Biological Inventions
- bLAWgathon
- Brand Valuation
- Business
- Celebrity Rights
- Company Act
- Company Law
- Competition Law
- Constitutional Law
- Consumer Law
- Consumer Protection Authority
- Copyright
- Copyright Infringement
- Copyright Litigation
- Corporate Law
- Counterfeiting
- Covid
- Design
- Digital Media
- Digital Right Management
- Dispute
- Educational Conferences/ Seminar
- Environment Law Practice
- ESIC Act
- EX-Parte
- Farmer Right
- Fashion Law
- FDI
- FERs
- Foreign filing license
- Foreign Law
- Gaming Industry
- GDPR
- Geographical Indication (GI)
- GIg Economy
- Hi Tech Patent Commercialisation
- Hi Tech Patent Litigation
- IBC
- India
- Indonesia
- Intellectual Property
- Intellectual Property Protection
- IP Commercialization
- IP Licensing
- IP Litigation
- IP Practice in India
- IPAB
- IPAB Decisions
- IT Act
- IVF technique
- Judiciary
- Khadi Industries
- labour Law
- Legal Case
- Legal Issues
- Lex Causae
- Licensing
- Live-in relationships
- Lok Sabha Bill
- Marriage Act
- Maternity Benefit Act
- Media & Entertainment Law
- Mediation Act
- Member of Parliament
- Mergers & Acquisition
- Myanmar
- NCLT
- NEPAL
- News & Updates
- Non-Disclosure Agreement
- Online Gaming
- Patent Act
- Patent Commercialisation
- Patent Fess
- Patent Filing
- patent infringement
- Patent Licensing
- Patent Litigation
- Patent Marketing
- Patent Opposition
- Patent Rule Amendment
- Patents
- Personality rights
- pharma
- Pharma- biotech- Patent Commercialisation
- Pharma/Biotech Patent Litigations
- Pollution
- Posh Act
- Protection of SMEs
- RERA
- Section 3(D)
- Signapore
- Social Media
- Sports Law
- Stamp Duty
- Stock Exchange
- Surrogacy in India
- TAX
- Technology
- Telecom Law
- Telecommunications
- Thailand
- Trademark
- Trademark Infringement
- Trademark Litigation
- Trademark Registration in Foreign
- Traditional Knowledge
- UAE
- Uncategorized
- USPTO
- Vietnam
- WIPO
- Women Empower
Prior Use V. Prior Registration : Trademark Law
What is the difference between a Prior Use of a Trademark as opposed to Prior Registration of a Trademark? The Intellectual Property Appellate Board (hereinafter referred to as “the IPAB”) has scrutinized one of the most discussed issues of prior use and prior registration under the trademark law. In the case of Mandom Corporation v. … Continue reading Prior Use V. Prior Registration : Trademark Law
Read more »The Utility of Metaverse Trademarks
When the pandemic forced billions of people indoors, it gave an impetus to those envisioning a metaverse. As the metaverse has grown in popularity, corporations have commenced filing fresh trademark applications for the virtual counterparts of products they already provide in the real world. This article discusses some recent instances of this observable trend, and … Continue reading The Utility of Metaverse Trademarks
Read more »Uncoiling the ‘Serpent’: A Case Comment of Bulgari Spa v. Notandas Gems
The jurisdiction of the courts in cases of trademark infringement has been a moot point till now with various facets of IP infringements revealing due to social and technological advancements. With the rise of transactions on the e-commerce platforms and online shopping, the courts have tried to confer the territorial jurisdiction on the competent courts … Continue reading Uncoiling the ‘Serpent’: A Case Comment of Bulgari Spa v. Notandas Gems
Read more »Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark
The right to sue for infringement of his mark is the most significant right conferred upon a registered proprietor by the Trade Marks Act, 1999 (Hereinafter, “TM Act”). However, can one registered proprietor claim the exclusive right to use a trademark against another proprietor who has obtained a registration for an identical or very similar … Continue reading Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark
Read more »Conceptualization And Expansion In The Jurisprudence Of Bad Faith In Trademark Law
The concept of Bad Faith involves the disputed party intentionally refusing to fulfil any legal or contractual obligation, or entering into a contract without intending or having the means to complete it. With regard to trademarks, registration of identical or deceptively similar marks can become problematic for the registered and prior users of the mark. … Continue reading Conceptualization And Expansion In The Jurisprudence Of Bad Faith In Trademark Law
Read more »Sholay Trademark Infringement Case – The Need To Strengthen Trademark Protection For Cinematography
The legendary Amitabh Bacchan starrer “Sholay” is apparently one of the most popular and recognized movies of Bollywood. The instances and the characters of the movie have been engraved in public memory and have a wide fanbase. Over the years the movie has earned the status of being the most iconic film of all times. … Continue reading Sholay Trademark Infringement Case – The Need To Strengthen Trademark Protection For Cinematography
Read more »Well-Known Trademark Under The New UAE Trademark Law
In late 2021, to mark the 50th anniversary of the United Arab Emirate’s formation, the United Arab Emirates government introduced fifty new legislation. One of the long-awaited new laws was the United Arab Emirates Trademarks Law – Federal Trademarks Law No. 36 of 2021 (the “New Law”). With the introduction of the new law, United … Continue reading Well-Known Trademark Under The New UAE Trademark Law
Read more »The Indian Aroma: Protecting Through Unconventional Trademarks, ‘Smell Marks’
What is the music that comes up before your favourite cartoon show ‘Doremon’ airs? The famous theme song we are all so familiar with. What sets Pepsi and Coke apart before you have even tasted it? The shape of their bottles. Similarly, when you enter Starbucks, what intrigues your senses? Of course, the distinct aroma … Continue reading The Indian Aroma: Protecting Through Unconventional Trademarks, ‘Smell Marks’
Read more »Discrimination As A Ground For Refusal Of Trademark Registration Vis-À-Vis The Fair And Lovely Case
Trademarks are essential in ensuring brand performance and consumer certainty. Despite this fact, there are certain grounds which when practised by brands and companies could lead to the refusal of registration of their trademarks. One such ground that has not gained much acclaim in the Indian jurisprudence is “Discrimination”. On July 2nd, 2020, the FMCG … Continue reading Discrimination As A Ground For Refusal Of Trademark Registration Vis-À-Vis The Fair And Lovely Case
Read more »Naked Licensing Of Trademarks: An Outlook Into The Legal Disposition Existent In India And The US
The term “licensing” entails a form of permission or sanction given by the owner to another party to use the property of the owner, provided the conditions imposed on the usage of the property is duly followed. The concept has seen its extension in the field of Intellectual Property Rights, especially in the practise of … Continue reading Naked Licensing Of Trademarks: An Outlook Into The Legal Disposition Existent In India And The US
Read more »