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Examining Calcutta High Court’s Decision on Infringement in the “Amul” Trademark Conflict
Introduction In the recent case of the Calcutta High Court granted an interim relief in an issue about trademark infringement in favour of the well-known brand “Amul”. As per the facts of the case, the local cake/bakery shop is giving complimentary candles which are duly packed in a box having a similar logo to that … Continue reading Examining Calcutta High Court’s Decision on Infringement in the “Amul” Trademark Conflict
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 »The Trending Hashtag Culture Leading To Trademark Infringements In Social Media?
Introduction Social media is a form of e- communication and a means of interaction, among which sellers share information, ideas and other contents via virtual groups and networks. Social media evolved in the 1990s and the launch of the early social media service was SixDegrees.com and Blogger- a portal for posting any personal blogs. Then, … Continue reading The Trending Hashtag Culture Leading To Trademark Infringements In Social Media?
Read more »Vogue vs Vogue
Introduction The Karnataka High Court awarded Vogue Fashion Institute relief from the claim of trademark infringement initiated by the well-known American fashion magazine, Vogue, in the matter of Vogue Institute of Management & Ors. Vs. Advance Magazine Publishers Inc. The trademark “Vogue,” used by the magazine Vogue since 1892, was registered in India under Class … Continue reading Vogue vs Vogue
Read more »Diageo Brands v. Alcobrew Distillerie : Why Did the Court Digress from the Judgement of The Great Galleon
Introduction In Diageo Brands B.V. & Anr. vs Alcobrew Distilleries India Pvt the plaintiff Diageo Brands B.V. approached the Delhi HC seeking injunction against Alcobrew Distilleries India Pvt for manufacture and sale of “Golfer’s shot” contenting the design of the bottle/flask to be an infringement of its “Scotch Hipster” range (Registered Design bearing No. 306577). … Continue reading Diageo Brands v. Alcobrew Distillerie : Why Did the Court Digress from the Judgement of The Great Galleon
Read more »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
Read more »Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors
Introduction “While one person may build a home, another knit a sweater so also may a third create a valuable personality, all three must be recognised by the law as ‘property’ protected against trespass and theft.”[1] A person laboriously constructs a celebrity persona through a combination of intellectual, emotional and physical efforts. The good-will and … Continue reading Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors
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 »Rajnigandha vs. Rajnipaan
Introduction This theory of initial interest confusion relies on luring the buyer toward the product in an effort to cause confusion among the general population. Before the customer even buys the product, there is already uncertainty due to two marks that are identical to each other and operate in the same market. As it has … Continue reading Rajnigandha vs. Rajnipaan
Read more »Delhi High Court awards eBAY Rs 2 lakh in a Trademark Infringement Case
The Delhi High Court, in case of trademark infringement, awarded relief to eBAY after concluding that the use of the claimed trademark “SHOPIBAY,” which is similar to the mark of the other party mark “eBay/EBAY” was likely to mislead unwary consumers about the affiliation of these organisations. The present suit was decided in the plaintiff’s … Continue reading Delhi High Court awards eBAY Rs 2 lakh in a Trademark Infringement Case
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