Tag: trademark

Biggest Threat To Intellectual Property Rights trips agreement : Counterfeiting With Special Focus On Fashion Industry

20th June, 2019 - 12:47 pm Categories: Intellectual Property

IP rights trips agreement are proprietary rights granted to protect original products of creation. They are intended to encourage and reward creativity and fair competition in the marketplace. IP rights can be relied upon to prevent others from using one’s trademark, patented invention, copyright work, or design without consent. IP is territorial in nature and … Continue reading Biggest Threat To Intellectual Property Rights trips agreement : Counterfeiting With Special Focus On Fashion Industry

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A Brief Analysis Of The Case Of Shyam Steel Industries Ltd v. Shyam Sel and Power Ltd

7th June, 2019 - 12:30 pm Categories: Intellectual Property

Issue Is the use of the word “Shyam” by the defendant Shyam Sel and Power Ltd an infringement of the registered trademark “Shyam”of Shyam Steel Industries Ltd? Whether the defendant is passing off his merchandise by unlawfully exploiting the reputation of the plaintiff? Rule Trademark has been characterized as an imprint equipped for graphical representation … Continue reading A Brief Analysis Of The Case Of Shyam Steel Industries Ltd v. Shyam Sel and Power Ltd

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Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting

5th June, 2019 - 10:07 am Categories: Legal Issues Trademark Trademark Litigation

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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Non-Conventional Trademarks: A Legal Analysis

15th April, 2019 - 12:22 pm Categories: Trademark

NATURE AND SCOPE OF NON-CONVENTIONAL TRADEMARKS The Non-Conventional marks are those marks which do not fall under the category of conventional marks such as marks including letters, numbers, logos, pictorial description, symbols, or those elements which consists of the combinations of such elements. The definition of Non-Conventional mark is illustrative and states that it includes … Continue reading Non-Conventional Trademarks: A Legal Analysis

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Simmba Vs Simba: A Trademark Tussle

14th February, 2019 - 9:50 am Categories: Legal Issues

Context Before the release date, Rohit Shetty’s much-appreciated film ‘Simmba’ got into trademark squabble with ‘Sona Beverages Co. Ltd’. In November, the makers of Simmba were slammed with the allegation of trademark infringement of a beverage company in Delhi High Court. Chhattisgarh-based Company named Sona Beverages Co. Ltd owned the trademark ‘SIMBA’ for selling a … Continue reading Simmba Vs Simba: A Trademark Tussle

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Criminal & Civil Prosecution for Copyright/Trademark Violation

23rd October, 2018 - 1:21 pm Categories: Trademark Litigation

If any brand’s product is genuine & original, then it enjoys a substantial amount of recognition in the eyes of its potential customer, therefore it is necessary to protect the commercial value of any product offered by such brands and the said protection is provided through Intellectual Property Rights associated with the product i.e. Trademark, … Continue reading Criminal & Civil Prosecution for Copyright/Trademark Violation

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Fluentgrid Limited Vs. Esyasoft Technologies Private Limited And Others

10th August, 2018 - 7:29 am Categories: Legal Issues

Fluentgrid Limited, Plaintiff, is a Indian company, which has been carrying out its business in India since the year 1998. It is engaged in providing information technology services through Smart Grid Products under its registered trademark, “mpower” and domain name www.fluentgrid.com, along with its website www.nxter.io, which is its cloud solution for energy retailers. The … Continue reading Fluentgrid Limited Vs. Esyasoft Technologies Private Limited And Others

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Law On Internet Memes

13th February, 2018 - 12:54 pm Categories: Copyright

Internet users in India spend half their time on social media every day. It is one of the most efficient platforms for communication yet the most exploited one. One such famous platform would be Facebook, an online networking site that mostly everyone is aware of. Similarly, internet ‘meme’ is also ubiquitous It is defined as … Continue reading Law On Internet Memes

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Bigtree Entertainment Pvt. Ltd. vs. Brain Seed Sportainment Pvt. Ltd. & Anr

15th January, 2018 - 12:24 pm Categories: Legal Issues

“A brainy person does not abuse copyright; instead he respects it and upholds it.” – Maximillian Degenerez. Introduction With the rise in number of businesses using the global internet portal for running their businesses and with the increase in the number of start-ups in the current economic scenario, we come across many new issues that … Continue reading Bigtree Entertainment Pvt. Ltd. vs. Brain Seed Sportainment Pvt. Ltd. & Anr

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A Reminder for Online Retailers

10th January, 2018 - 4:51 am Categories: Intellectual Property News & Updates Trademark

Here’s one case that involves an online retailing businesses that is having a link with Trade mark Law – Jadebay Ltd and others v Clarke-Coles Ltd (t/a Feel Good UK) [2017] EWHC 1400 (IPEC). However, overlooking the customary practice of online retailing methods, the Intellectual Property Enterprise Court followed the theoretical root of the Trade … Continue reading A Reminder for Online Retailers

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