Tag: infringement

DRS Logistics Vs Google: Liability For Using Third Party Trademarks As Keywords

27th January, 2022 - 1:04 pm Categories: Legal Issues

INTRODUCTION With advancements in technology and the introduction of the Internet, our personal and social life has majorly been influenced by the internet or cyberspace. In order to meet the increasing demand of the market, businesses are also making a shift to the virtual world. These days businesses are adopting various advertising and marketing strategies … Continue reading DRS Logistics Vs Google: Liability For Using Third Party Trademarks As Keywords

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Can A Passing-Off Action Be Filed Against The Infringement Of Shape Of A Good? A Case Analysis

22nd January, 2022 - 4:31 am Categories: Trademark

Introduction: Have you ever wondered if a bottle shape may be trademarked? Typically, The Designs Act, 2000 protects these aesthetic appearances and establishes the essential specifications that are deemed to be the conditions for a design’s registration under the Design Act, 2000. The shape of bottles, on the other hand, is regarded as distinctive and … Continue reading Can A Passing-Off Action Be Filed Against The Infringement Of Shape Of A Good? A Case Analysis

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Comparative Advertisement: Judicial Trends In The Contemporary World

19th January, 2022 - 4:30 am Categories: Trademark

INTRODUCTION: In many nations, comparative advertising is a common form of commercial advertising. The word “comparative advertisement” refers to a comparison of an advertiser’s goods and services to those of a competitor. The goal of comparative advertising is threefold: to raise public awareness through honest comparison, to promote the brand, and to increase market sales. … Continue reading Comparative Advertisement: Judicial Trends In The Contemporary World

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Liabilities of an Infringer in an Infringement Suit: A Case Analysis

17th December, 2021 - 11:07 am Categories: Intellectual Property

Introduction: In the recent judgment of the Delhi High Court dated 13th December 2021, it was observed that “When an infringer seeks to defend patent infringement on the ground that the patent is invalid, the onus to prove the invalidity of patent lies heavily on an infringer and this standard has to be met when … Continue reading Liabilities of an Infringer in an Infringement Suit: A Case Analysis

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Cybersquatting & Regulatory Mechanisms

16th December, 2021 - 6:44 am Categories: Intellectual Property

Cyber Squatting is a word that has come to be linked with the registration of domain names without the objective of using them, in the names of popular brands or personalities exclusively for the purpose of making money. The crux is that “name” belongs more appropriately to another entity. Secondly, the registrant is targeting to … Continue reading Cybersquatting & Regulatory Mechanisms

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Shamoil Ahmad Khan v. Falguni Shah: Scrutinizing the Idea-Expression Dichotomy

6th December, 2021 - 4:19 am Categories: Legal Issues

The principle of ‘Idea-Expression dichotomy’ was devised to ensure that the expression of an idea is protected instead of the idea itself. It espouses the importance of balancing a) the interest of the copyright owner with b) the interest of the public in furtherance of creativity and innovation. It is settled in law that ideas … Continue reading Shamoil Ahmad Khan v. Falguni Shah: Scrutinizing the Idea-Expression Dichotomy

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Copyright Act, 1957 And Video Games

2nd December, 2021 - 5:38 am Categories: Intellectual Property

INTRODUCTION Video games are by-products of the complex authorship – featuring a wide range of art forms, such as music, text, sites, video, graphics, and characters – that involve human interaction while playing a computer program on specific hardware. In the eyes of the law, it is a complex blend of numerous elements, which can … Continue reading Copyright Act, 1957 And Video Games

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Case Analysis: P. Sundaram v. Asia Match Company

26th November, 2021 - 5:32 am Categories: Copyright Copyright Infringement Legal Issues Trademark Trademark Litigation

This interim order on the issue of whether the respondent, based on the location of their branch office, can maintain the present suit within the territorial jurisdiction of the present Court, i.e., a question on the issue of the jurisdiction of the commercial division. The case originally was filed by Respondents in this case who … Continue reading Case Analysis: P. Sundaram v. Asia Match Company

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Case Analysis of Bacardi and Company Limited v. Bhahety Overseas Private Limited &Ors. CS(COMM) 464/2021 & I.A. 12323/2021

23rd November, 2021 - 5:35 pm Categories: Legal Issues

Sonam and Ria are friends. One day, they decide to get fruit juice from a store nearby to quench their thirst. They like on specific drink which is known as BREEZER. However, when they entered the store, they ended up buying a drink called FREEZMix which was placed right beside BREEZER. Thinking that it’s just … Continue reading Case Analysis of Bacardi and Company Limited v. Bhahety Overseas Private Limited &Ors. CS(COMM) 464/2021 & I.A. 12323/2021

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COVID-19 as an excuse for Passing Off: Rejected by Madras High Court

13th October, 2021 - 12:03 pm Categories: Covid

FACTUAL MATRIX: This matter was filed for the permanent injunction against the actions of Defendant, three applications were filed on behalf of Plaintiff, praying for granting interim relief. A Prima facie case was made out and hence an interim injunction was granted in favor of Plaintiff on April 30, 2021. As per this order, it … Continue reading COVID-19 as an excuse for Passing Off: Rejected by Madras High Court

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