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Understanding Family Trademarks
Introduction Trademarks serve to safeguard the distinctive characteristics that distinguish the origin of products under the ownership of a particular entity. This legal privilege is typically granted to those who have obtained registration or have been using such marks for a long period of time. Nonetheless, the subject at hand challenges this notion. Numerous well-known … Continue reading Understanding Family Trademarks
Read more »Non-Use Of A Registered Trademark
Section 47 Of The Trade Marks Act, 1999 The intention behind Section 47 of The Trade Marks Act, 1999 is to prevent hoarding of trademarks. It stipulates that a registered trademark may be taken off the register in case of non-user, if the trademark was registered without any bona fide intention on the part of … Continue reading Non-Use Of A Registered Trademark
Read more »S.M. DYECHEM LTD. VERSUS CADBURY (INDIA) LTD.
Parties The Appellant-Plaintiff is the registered proprietor of the trademark “piknik” and has been in the business of preparing potato chips, potato wafers, etc. since 1988. The Respondent Defendant Cadbury is a household name in India. They have been marketing chocolates since 1948. Brief Facts Brief facts of the case are as follows The Appellant-Plaintiff … Continue reading S.M. DYECHEM LTD. VERSUS CADBURY (INDIA) LTD.
Read more »Jones Investment Company Inc vs Vishnupriya Hosiery Mills
Introduction Trademark bullying, as defined under Section 142 of the Trademarks Act, 1999, is making groundless threats of legal proceedings. Such threat could be in the form of anything, a circular, an advertisement, a notice, or even an oral threat made to scare the small businesses from continuing to pursue their trademark. This bullying is … Continue reading Jones Investment Company Inc vs Vishnupriya Hosiery Mills
Read more »Sun Pharma vs. Hetero Healthcare
Introduction Under Class 5 of the Trade Marks Act, 1999, Sun Pharma has registered the mark “LETROZ,” which refers to a medication used to treat advanced breast cancer. “LETROZOLE” is one of its active ingredients. Sun Pharma sued Hetero Healthcare Ltd. for using the mark “LETERO” on the basis of trademark infringement and passing off. … Continue reading Sun Pharma vs. Hetero Healthcare
Read more »Case analysis: ISKCON v. ISKCON Apparel Pvt. Ltd.
Introduction According to Investopedia a trademark is any name, sign, design, logo, or symbol that serves to distinguish the goods of one business from those of another[i]. However, Section 2(1)(zb) of the Trade Marks Act, 1999, defines ‘trademark’ as a mark which is capable of being represented graphically and capable of distinguishing the goods or … Continue reading Case analysis: ISKCON v. ISKCON Apparel Pvt. Ltd.
Read more »Protection Of Domain Name And Related Disputes
Introduction The domain name, like any other source identifier in trademark law, can be used as a sign of a company’s goodwill. In the world of e-commerce, a company’s domain name selection can be a crucial marketing tool, if not the most crucial component of its online presence. Users frequently attempt to predict a company’s … Continue reading Protection Of Domain Name And Related Disputes
Read more »Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction
Introduction As a settled proposition of law, ex-parte injunctions are granted by the court only in exceptional cases. In IPR matters, specifically in cases of trademark infringement, the plaintiff, out of several remedies, has the option of asking for an ex-parte injunction. While observing the principles on which the court may grant an ex-parte injunction … Continue reading Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction
Read more »Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting
Background The Bombay High Court has passed an order in Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr[1] imposing costs of INR 5 Crore to be paid by the defendants who were caught counterfeiting the Plaintiff’s mark and goods. In a global economy, counterfeiting activity is a challenge that impacts business … Continue reading Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting
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