Category: Trademark Litigation

The Madrid System for the International Registration of Marks (Madrid System)

16th July, 2013 - 9:08 am Categories: Trademark Litigation

The “Madrid System” is a centrally administered system of obtaining a bundle of trademark registrations in different jurisdictions. It is governed by two treaties, the Madrid Agreement and the Madrid Protocol, and is administered by the International Bureau of WIPO in Geneva, Switzerland. Madrid System permits the filing, registration and maintenance of trade mark rights … Continue reading The Madrid System for the International Registration of Marks (Madrid System)

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Day of reckoning for domain name bullies!

22nd June, 2013 - 9:45 am Categories: Trademark Litigation

Eversince the advent of the Domain Name System, the entire world has experienced a radical metamorphosis that has brought about a revolution in the way we communicate and connect. Domain names have dramatically expanded the reach of businesses and brands to hundreds of millions of people and have incontrovertibly become an indispensable tool for business … Continue reading Day of reckoning for domain name bullies!

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LOWENBRAU vs. LOWENBRAU- A NON-USE CONTROVERSY

7th June, 2013 - 12:05 pm Categories: Trademark Litigation

Gajendra Khichi, an intern at Khurana and Khurana talks about case of non-use of trade mark. Through this post, he gives special emphasis on the case of M/s. Lowenbrau Buttenheim vs. M/s. Lowenbrau Munchen, which created quite a stir regarding non-use of trade mark. The object of the trademark law is to protect the rights … Continue reading LOWENBRAU vs. LOWENBRAU- A NON-USE CONTROVERSY

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Trade Mark Parody- An analysis of Tata Sons v. Greenpeace

27th February, 2013 - 9:22 am Categories: News & Updates Trademark Litigation

Trade Mark Parody is a defense to Trade Mark infringement. There should be no likelihood of confusion between the original host work and the parody work, as the parody will not be taken in a serious manner. It must be cleverly portrayed so as to show itself as a humorous take on the original work. … Continue reading Trade Mark Parody- An analysis of Tata Sons v. Greenpeace

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Analysis of the case- Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. on 20 December, 2011

26th December, 2012 - 9:37 am Categories: Trademark Litigation

Mrinal Gour, an intern at Khurana and Khurana Advocates and IP Attorneys, analyses the case, Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. This was a landmark judgment with respect to registering a numeral as a trademark. Sections involved: Section 29 of Trademark Act, 1999 which talks about infringement of registered trademarks. It states the … Continue reading Analysis of the case- Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. on 20 December, 2011

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What’s in a domain name?

17th September, 2012 - 6:57 am Categories: Trademark Litigation

The original role of having a domain name was to provide an internet address for computers. With the increasing rate of commercial activities on the web, a domain name is now seen as a way of identifying the business of the company. A potential consumer is always lured to the company after he/she goes through … Continue reading What’s in a domain name?

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Let’s Google it !

3rd July, 2012 - 6:00 pm Categories: Trademark Litigation

David Elliot, from Arizona, owned 750 websites with domains like ‘googlegaycruises.com’ and ‘googledonaldtrump.com’ among many others. His argument was that he needed to use the word ‘google’ because he was developing an internet based business that will promote charity, commerce, community, relationships, personal health etc. He further stated that he did not register the domain … Continue reading Let’s Google it !

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Passing Off Action by Mid-Size Foreign Companies Having Unregistered Marks in India

2nd June, 2012 - 5:13 am Categories: Trademark Litigation

There are often cases that we undertake for representation, wherein the cases relate to enforcement of trademarks by/of mid-sized foreign corporations that have not been filed and/or used in India against Indian companies that have deceptively used their marks thereby constituting misrepresentation, which might amount to passing off. Rupkatha and Poorva, interns at Khurana & … Continue reading Passing Off Action by Mid-Size Foreign Companies Having Unregistered Marks in India

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Removal from Trademarks Register Due to Non-Use

19th May, 2012 - 11:22 am Categories: IP Practice in India Trademark Litigation

Is using and/or commercializing a registered Trade Mark really necessary in India or is simply sitting over it and renewing the same periodically enough to maintain the mark and gain from the protection it accords. Poorva Khandekar, an intern at Khurana & Khurana and 4’th year law student from KIIT Law School, Bhubaneswar explores the … Continue reading Removal from Trademarks Register Due to Non-Use

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Gucci vs. Guess

12th April, 2012 - 10:08 am Categories: Trademark Litigation

Copying has become quite common in today’s times, and especially when a lower priced product or a small company imitates an expensive brand. However, a trademark infringement fight between two top most fashion brands is not something that we usually see. Back in 2009, Gucci sued Guess for trademark infringement over the stylized initial “G”. … Continue reading Gucci vs. Guess

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