Tag: Trade Marks Act

The Complexities of Trademark Disparagement: A Jurisprudential Analysis

11th July, 2024 - 11:28 am Categories: Trademark

Introduction Disparagement, a concept intrinsically linked to the act of denigrating a product or service through misleading or false remarks, has significant implications in the realm of commercial law. It not only affects the reputation and market position of businesses but also raises intricate legal questions about the boundaries of free speech and fair competition. … Continue reading The Complexities of Trademark Disparagement: A Jurisprudential Analysis

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No Physical Footprint, Real Legal Implications: Indian Trademark Law For Foreign Defendants

11th January, 2024 - 10:06 am Categories: Trademark Trademark Infringement Trademark Litigation

INTRODUCTION The Internet today has massively facilitated trade and business for people and companies across the globe by providing them a platform to ease the communication between the buyer and the seller. However, this facilitation of trade and business raises pertinent questions as to the laws which would govern the disputes arising in this internet … Continue reading No Physical Footprint, Real Legal Implications: Indian Trademark Law For Foreign Defendants

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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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Delhi Hc’s Subway Judgement: When Is A Trademark Not Seen ‘As Whole’?- Part I

16th March, 2023 - 11:02 am Categories: Legal Issues Trademark

Introduction Recently a single bench of the Delhi HC gave an order in Subway IP LLC v. Infinity Foods & Ors.[1] (‘Subway’) using the rule of Anti-Dissection. In this case, although the single bench acknowledged the rule of Anti-Dissection but took a calculated detour to appreciate a dominant element of the two competing marks to … Continue reading Delhi Hc’s Subway Judgement: When Is A Trademark Not Seen ‘As Whole’?- Part I

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What’s in a Name? Bombay High Court Discusses Trade Mark Infringement Through Trade Names

6th June, 2022 - 12:08 pm Categories: Trademark

For trade mark protection to be worthwhile, a registered proprietor must have access to an effective remedy to enforce his rights. Therefore, Section 29 of the Trade Marks Act, 1999, attempts to include a broad range of activities within the definition of infringement. Section 29(5) of the Act deals with infringement of a trade mark … Continue reading What’s in a Name? Bombay High Court Discusses Trade Mark Infringement Through Trade Names

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An Overview on the Concept of Dilution of Trademarks

6th October, 2021 - 12:28 pm Categories: Trademark

An overview on trademarks, their significance, and registration Trademarks play a crucial role in reflecting the quality of a product or service. Moreover, it provides a sense of individuality to the brand by differentiating its products and services from other competitors in a particular domain. Trademarks are a valuable asset to a company or a … Continue reading An Overview on the Concept of Dilution of Trademarks

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Post-mortem Personality Rights and their relevance in Jayalalithaa’s Biopic Suit

3rd January, 2020 - 12:33 pm Categories: Legal Issues

“The nicest thing is to open newspapers and not to find yourself in them.” – George Harrison Being a well-known personality could cost you your personality rights, at times. Living a life which requires you to be cautious of your every move is quite a difficult one. Being a celebrity comes with a lot of … Continue reading Post-mortem Personality Rights and their relevance in Jayalalithaa’s Biopic Suit

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