Tag: 1999

The impact of non registering the trademark User agreement

4th October, 2024 - 11:33 am Categories: Trademark

Introduction Trademark are critical since they provide the identity of any company. Through trademark registration, customers differentiate various products and services. While trademark registration is one of the means through which legal protection is available, most firms do not recognize the register for user agreements of trademarks. These agreements involve the terms guiding third-party usage of … Continue reading The impact of non registering the trademark User agreement

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Determining Similarity Between Rival Marks Part 1

7th December, 2023 - 6:32 am Categories: Trademark

Introduction Section 15 and Section 17 of the Trade Marks Act, 1999 deal with the registration of parts of trademarks and the effect of registration of parts of a mark respectively. A bare perusal makes it clear that the intention behind these two provisions is that when a trademark consists of several matters, the proprietor … Continue reading Determining Similarity Between Rival Marks Part 1

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‘Use of Trademarks as Keywords’ : Case Summary of Google v. DRS

23rd August, 2023 - 8:58 am Categories: Trademark

INTRODUCTION The Delhi High Court in Google LLC v. DRS Logistics (P) Ltd.[1] has ruled in favour of DRS (‘Respondent’) in an appeal favoured by Google LLC (‘Appellant’). The division bench upheld the order of the single bench to the extent that the use of the respondent’s trademark as a keyword in the Google Ads … Continue reading ‘Use of Trademarks as Keywords’ : Case Summary of Google v. DRS

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Bhole Baba Milk Food Industries Limited Versus Parul Food Specialities (P) Limited

7th August, 2023 - 7:41 am Categories: Legal Issues Trademark

Parties: The Plaintiff manufactures and sells milk and dairy products. They have been using the mark ‘KRISHNA’ since the year 1992 and have earned substantial goodwill in the market. The Defendant filed for the registration of its trademark ‘Parul’s Lord Krishna’ bearing application number 1863747, on 17 September, 2009. Brief Facts: Brief facts of the … Continue reading Bhole Baba Milk Food Industries Limited Versus Parul Food Specialities (P) Limited

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Trademarking Sportsperson Celebration Moves

30th June, 2022 - 10:54 am Categories: Sports Law

Sports have always been a component of human culture. Modern sports have been recorded as long back as 2000 BCE. The inaugural Olympic Games in Greece in 776 BCE aided the global development of competitive sports. Sports have grown in prominence throughout time. For example, when the Persians invaded Greece, Athens had problems assembling its … Continue reading Trademarking Sportsperson Celebration Moves

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Importance Of Raising Plea Of Invalidity Of Registration Of Trade Mark Within Prescribed Timeline: An Analysis

5th May, 2020 - 11:39 am Categories: Intellectual Property

The Hon’ble Apex Court in the case of Patel Field Marshal Agencies Vs. P.M. Diesels Ltd. &Ors. [1] threw light upon the said issue of invalidity. PATEL FIELD MARSHAL AGENCIES vs. P.M. DIESELS LTD. & ORS. Parties: Respondent is the registered owner of 3 trademarks, the common feature of all which is the words “Field … Continue reading Importance Of Raising Plea Of Invalidity Of Registration Of Trade Mark Within Prescribed Timeline: An Analysis

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Intermittent Prior Use Vis-A-Vis The Defence Under Section 34 Of The Trade Marks Act, 1999

24th April, 2020 - 5:00 am Categories: Legal Issues

The Hon’ble High Court of Delhi in a recent case of Peps Industries Private Limited vs. Kurlon Limited, [1] discussed about the defence under Section 34 of the Trade Marks Act, 1999 along with the concept of descriptive trademark. PEPS INDUSTRIES PRIVATE LIMITED VS. KURLON LIMITED Brief Facts: By way of this suit before the … Continue reading Intermittent Prior Use Vis-A-Vis The Defence Under Section 34 Of The Trade Marks Act, 1999

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Analyzing the Applicable Jurisdiction for Trademark and Copyright Disputes

14th June, 2016 - 5:12 am Categories: Copyright Copyright Infringement India News & Updates Trademark

Years 2015 and 2016 have been very important in terms of what they have offered to bring clarity on the jurisdiction where suits/ civil proceedings related to Trademark and Copyright can be instituted. IIPRD has written one article discussing some of these cases. Intent of the instant article is not to discuss facts of those … Continue reading Analyzing the Applicable Jurisdiction for Trademark and Copyright Disputes

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Interpretation of the Term “Aggrieved Person” Under Section 47 of Trade Mark Act, 1999

17th March, 2016 - 6:46 am Categories: India IPAB IPAB Decisions News & Updates Trademark

The Hon’ble High Court of Delhi in the case Adidas AG v Union of India and Anr vide W.P.(C) 3125/2013 set aside the impugned ex parte order by IPAB dated 28th December 2012 and remanded the matter to IPAB for fresh consideration. BRIEF FACTS OF THE CASE: In the instant case, Petitioner has trademark “RESPONSE” … Continue reading Interpretation of the Term “Aggrieved Person” Under Section 47 of Trade Mark Act, 1999

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