Tag: Trademark Act

Invisible use of Trademark as Meta-tag: A case for Infringement under sec 29 of Trademark Act

Introduction In India, section 29 of the Trademark Act (hereinafter, the act) outlines what constitutes a registered trade mark infringement. According to Section 29(4)(c) of the act, anyone who uses a registered trade mark in the course of business without being the registered proprietor or using the mark in accordance with a permit, and who … Continue reading Invisible use of Trademark as Meta-tag: A case for Infringement under sec 29 of Trademark Act

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Trademarking Times

Background The plaintiff, TRIUMPHANT INSTITUTE OF MANAGEMENT EDUCATION,  has adopted the trademark, i.e. T.I.M.E., an acronym derived from the name of the Company after the suit with TIME Inc., an educational institute in the USA, in 2003. In the suit, the plaintiff has settled the suit by agreeing not to use the word ‘TIME’ and … Continue reading Trademarking Times

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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

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Reinforcing The Test of Deceptive Similarity Under Trademark Law- Cadbury Gems VS Jamesbond

Trademark is one of the intellectual property which can be created by any person with his labor and intellect. Basically, a trademark can be any word, phrase, symbol, design or a combination of all these things which helps to identify any goods or services. Whenever a goods or services is associated with any mark, it … Continue reading Reinforcing The Test of Deceptive Similarity Under Trademark Law- Cadbury Gems VS Jamesbond

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Naked Licensing Of Trademarks: An Outlook Into The Legal Disposition Existent In India And The US

The term “licensing” entails a form of permission or sanction given by the owner to another party to use the property of the owner, provided the conditions imposed on the usage of the property is duly followed. The concept has seen its extension in the field of Intellectual Property Rights, especially in the practise of … Continue reading Naked Licensing Of Trademarks: An Outlook Into The Legal Disposition Existent In India And The US

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Offences under Copyright Act and Trade Marks Act: Bailable or Not?

Recently in the matter of Piyush Ranipa v. the State of Maharashtra, the Bombay High Court among other issues decided upon the question of whether offenses under the Trademarks Act, 1999 and the Copyright Act, 1957 are bailable offenses or not. In the present matter a company named ‘Jain Irrigation System’ i.e., the Complainant Company … Continue reading Offences under Copyright Act and Trade Marks Act: Bailable or Not?

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Central Government promulgates the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021

The Central Government promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021. The Tribunal Reforms (Rationalisation and Conditions of Service) Bill, 2021 was introduced in the Parliament earlier this year but could not be taken up for consideration and passing. Exercising the power under Article 123(1) of the Constitution of India, the President … Continue reading Central Government promulgates the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021

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Izuk Chemical Works v. Babu Ram Dharam – Part of Trademark Infringed

It is well established that a Trademark have to be used in its totality. A trademark having several components in it, when registered, is taken as a whole. Whereas, according to Section 15 and 17 of the Trade Mark Act, 1999, if the applicant seeks exclusive rights over a part of trademark then he may … Continue reading Izuk Chemical Works v. Babu Ram Dharam – Part of Trademark Infringed

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