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The Utility of Metaverse Trademarks
When the pandemic forced billions of people indoors, it gave an impetus to those envisioning a metaverse. As the metaverse has grown in popularity, corporations have commenced filing fresh trademark applications for the virtual counterparts of products they already provide in the real world. This article discusses some recent instances of this observable trend, and … Continue reading The Utility of Metaverse Trademarks
Read more »Uncoiling the ‘Serpent’: A Case Comment of Bulgari Spa v. Notandas Gems
The jurisdiction of the courts in cases of trademark infringement has been a moot point till now with various facets of IP infringements revealing due to social and technological advancements. With the rise of transactions on the e-commerce platforms and online shopping, the courts have tried to confer the territorial jurisdiction on the competent courts … Continue reading Uncoiling the ‘Serpent’: A Case Comment of Bulgari Spa v. Notandas Gems
Read more »Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark
The right to sue for infringement of his mark is the most significant right conferred upon a registered proprietor by the Trade Marks Act, 1999 (Hereinafter, “TM Act”). However, can one registered proprietor claim the exclusive right to use a trademark against another proprietor who has obtained a registration for an identical or very similar … Continue reading Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark
Read more »Havells v Panasonic : Delhi High Court on Composite Suits for Passing off and Design Infringement
Although both registered designs and trade dresses protect aesthetic features, they differ in their scope. While design protection is restricted to those visual elements that are explicitly included in the registration, the trade dress of a product refers to its overall look and feel, and the visual impact it has on consumers. Therefore, the trade … Continue reading Havells v Panasonic : Delhi High Court on Composite Suits for Passing off and Design Infringement
Read more »Sholay Trademark Infringement Case – The Need To Strengthen Trademark Protection For Cinematography
The legendary Amitabh Bacchan starrer “Sholay” is apparently one of the most popular and recognized movies of Bollywood. The instances and the characters of the movie have been engraved in public memory and have a wide fanbase. Over the years the movie has earned the status of being the most iconic film of all times. … Continue reading Sholay Trademark Infringement Case – The Need To Strengthen Trademark Protection For Cinematography
Read more »India’s Stand On Counterfeit Goods
Counterfeiting is a practice prevailing since time immemorial. The act of finding cheaper alternatives/dupes to luxury goods has increased in demand, especially in a country like India where most of the general public fall in the middle-class sector with a high consumption for brand and brand value. The word “Counterfeit” is derived from the French … Continue reading India’s Stand On Counterfeit Goods
Read more »Romag Fasteners Inc V Fossil Inc : Trademark and Wilful Infringement
Romag Fasteners Inc V Fossil Inc : Trademark and Wilful Infringement, Fasteners, Inc. is an American company involved in manufacturing magnetic accessory & products such as snaps, clasps, fasteners, closures, etc. With its production and distribution centres located in the U.S, Europe, and Asia, the company is known internationally for its signature product – the … Continue reading Romag Fasteners Inc V Fossil Inc : Trademark and Wilful Infringement
Read more »Moonshine Technology (P) Ltd. V. Tictok Skill Games (P) Ltd.: Position Of “Descriptive Words”, “Delay” And Protection Of Consumers ’ Interests In A Trade Marks Act Infringement Case
Introduction Trademark infringement, defined under Section 29 of the Trade Marks Act, 1999[i] (hereinafter, referred to as ‘Act’) is the unauthorized use of a mark that is identical or deceptively similar to a registered trade mark and may cause confusion about the source of the goods or services. In the recent Trad emark act infringement … Continue reading Moonshine Technology (P) Ltd. V. Tictok Skill Games (P) Ltd.: Position Of “Descriptive Words”, “Delay” And Protection Of Consumers ’ Interests In A Trade Marks Act Infringement Case
Read more »A Clear Case of Trademark Dilution: Court’s Response to Trademark Infringement via Granting Default Judgment
Bob and Me Productions, Inc., an American restaurant and trademark owner brought this civil action against Lemon Leaf Café, LLC. The civil action was brought at the United States District Court for the Central District of California(“District Court”) (Bob & Me Prods. v. Lemon Leaf Café, LLC, 2020 U.S. Dist.). The grounds of civil action … Continue reading A Clear Case of Trademark Dilution: Court’s Response to Trademark Infringement via Granting Default Judgment
Read more »The Satan Shoe Case: An Analysis of the Trademark Tussle between Nike and MSCHF
Commerce, fashion and branding giant Nike got into a trademark tussle yet again as recently as five months ago when Nike sued Brooklyn based MSCHF Product Studio Inc. over its latest launch of the Satan Shoes in collaboration with the Atlanta based artist “L’il Nas X” over his recent release of “MONTERO (Call me by … Continue reading The Satan Shoe Case: An Analysis of the Trademark Tussle between Nike and MSCHF
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