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Trademark Wars: The Case of Burger King vs. Burger King and the Territorial Intricacies of Trademark Law in India
INTRODUCTION Trademarks are not simply the owner’s commercial signature, but are “a silent salesman” through which direct contact between the owner of the mark and the consumers are made and can be sustained. In the old-style trade mark system of valuation, the value of the trade mark was judged in terms of its efficacy as … Continue reading Trademark Wars: The Case of Burger King vs. Burger King and the Territorial Intricacies of Trademark Law in India
Read more »The Blurred Lines Between Excise and Trademark Law
EXCISE LAWS VS TRADEMARK LAWS The case of ‘Mount Everest Breweries Ltd. v. Excise Commissioner, MP has an interesting twist on the confluence of excise laws and trademark legislation. In the case at hand, the Madhya Pradesh High Court held that what powers to determine the similarity between beer labels can be exercised by the Excise … Continue reading The Blurred Lines Between Excise and Trademark Law
Read more »The Trademarks Act in India: Protecting Your Brand Identity
With the current situation in the world of business where companies are miserably fighting to succeed, an outstanding and recognizable brand is quite important. You brand name and logo serve you as not only to distinguish yourself from your competitors but also to create your website and other promotional tools. In India the Trade Marks Act of … Continue reading The Trademarks Act in India: Protecting Your Brand Identity
Read more »Case note on Subway IP LLC. v Infinity Food and ors.
Introduction Trademark law, a bastion of protecting intellectual property, is underpinned by intricate doctrines and principles. Among these, the anti-dissection rule and dominant feature test are crucial tools employed by courts to determine the distinctiveness and protectability of trademarks. Conventionally, it has been asserted that these two doctrines are not contradictory but rather complementary in … Continue reading Case note on Subway IP LLC. v Infinity Food and ors.
Read more »Trademark Infringement in Online Markets: Comparative Analysis and Legal Frameworks – Part I
Abstract Online trademark infringement and counterfeiting is a growing problem for luxury brands. In recent years, trademark owners have taken aim at the operators of online marketplaces and auction websites, asserting that these defendants are liable for contributory infringement due to sales of counterfeit goods on their sites. In addressing the scope of secondary liability … Continue reading Trademark Infringement in Online Markets: Comparative Analysis and Legal Frameworks – Part I
Read more »From Budgeting to Branding: Using the Madrid Fee Calculator for Trademark Registration
Introduction Expanding internationally can have a huge impact on the business landscape. However when venturing into new markets it becomes crucial to ensure our brand is safeguarded and recognized worldwide. This is where Trademarks play a role. Trademarks go beyond being logos; they help protect a company’s brand identity, reputation and the trust of consumers. … Continue reading From Budgeting to Branding: Using the Madrid Fee Calculator for Trademark Registration
Read more »Process Of Registration Of Trademark In The Philippines
PROCESS OF REGISTRATION OF TRADEMARK The steps involved in the registration process of trademarks in the Philippines are as follows: APPLICATION FOR REGISTRATION Section 124 of The Act lays down the requirements of an application for registration of a trademark. The application for the registration of the mark shall be in Filipino or in English … Continue reading Process Of Registration Of Trademark In The Philippines
Read more »Trademark Law For Entertainment Brands: Protecting A Brand Identity
Introduction Section 2 (1) (zb) of the trademark act of 1999 defines a trademark. It is a distinguishing sign or signal put on commercial items by a person or organization to differentiate one trader’s products from those of another. Trademarks are becoming valuable in the music and film industries. Music and film are two of … Continue reading Trademark Law For Entertainment Brands: Protecting A Brand Identity
Read more »Adidas AMERICA INC. V. SKECHERS USA INC.
Introduction The dispute between Adidas and Skechers is a keynote example to depict the multifaceted perspectives regarding the impact, application, and importance of a Trademark in the business realm. A trademark is one which possesses the power to differentiate & attribute goods/services of a firm from the other players in the market whose registration is … Continue reading Adidas AMERICA INC. V. SKECHERS USA INC.
Read more »Process Of Registration Of Trademark In Nepal
Definition Of Trademark Trademark is defined under Section 2 (c) of The Patent, Design and Trade Mark Act, 2022 (1965) as any word, or symbol, or picture, or combination which is used by any individual or firm or company in their goods or services in order to distinguish the same from the goods or services … Continue reading Process Of Registration Of Trademark In Nepal
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