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Trademark Wars: The Case of Burger King vs. Burger King and the Territorial Intricacies of Trademark Law in India
INTRODUCTION Trademarks are not simply the owner’s commercial signature, but are “a silent salesman” through which direct contact between the owner of the mark and the consumers are made and can be sustained. In the old-style trade mark system of valuation, the value of the trade mark was judged in terms of its efficacy as … Continue reading Trademark Wars: The Case of Burger King vs. Burger King and the Territorial Intricacies of Trademark Law in India
Read more »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 »PRINCIPLES OF ‘PRIOR ADOPTION AND USE’ VIS A VIS TRANSBORDER REPUTATION: JONES INVESTMENT CO V. VISHNUPRIYA HOSIERY MILLS
In the recent decision of Intellectual Property Appellate Board (IPAB) in the case of Jones Investment Co v. Vishnupriya Hosiery Mills, it was held that a multinational company cannot claim infringement of trademark by a local Indian company purely based on international presence, unless they can expressly establish that their presence extends to India or … Continue reading PRINCIPLES OF ‘PRIOR ADOPTION AND USE’ VIS A VIS TRANSBORDER REPUTATION: JONES INVESTMENT CO V. VISHNUPRIYA HOSIERY MILLS
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