Tag: trademark

SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

12th November, 2016 - 5:51 am Categories: India News & Updates Trademark Trademark Litigation

The concept of trade dress, although closely associated with trademarks is not explicitly recognized in Indian legislations unlike its U.S.A. counterpart. In Indian context, upon looking closely at the definitions of “mark” and “package” under S. 2 of the Trade Marks Act, 1999 we see that the trade dresses are also protected. To define it, … Continue reading SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

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Denial of Injunction on the grounds of Acquiescence and Delay by Plaintiffs: SRF Foundation v. Ram Education Society

20th August, 2015 - 1:38 pm Categories: India News & Updates Trademark Trademark Litigation

Devina Choubal, an intern at Khurana & Khurana looks into grounds of denial of injunction by analyzing the recent case of SRF Foundation v. Ram Education Society. FACTS: ‘SRF Foundation’ plaintiff no.1 is a registered non-profit society engaged in several social and community work including running schools such as “The Shri Ram School”. The name/mark … Continue reading Denial of Injunction on the grounds of Acquiescence and Delay by Plaintiffs: SRF Foundation v. Ram Education Society

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Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

26th December, 2014 - 8:55 am Categories: IPAB IPAB Decisions News & Updates Trademark Trademark Litigation

This article is relates to a recent judgment of Intellectual Property Appellate Board (hereinafter IPAB) dated 4th December 2014 in the case “E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors.” Brief Facts: On 11th March, 2009 the trademark registry refused the opposition of the E.I.DU Pont De Nemours & Company (appellant herein) and … Continue reading Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

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ODISHA COURT ADMITTED CASE AGAINST AAMIR KHAN PRODUCTION’S PROPOSED ‘SATYAMEV JAYATE’ USE AS TRADE MARK

10th July, 2014 - 11:16 am Categories: India IP Litigation IP Practice in India News & Updates Trademark Trademark Litigation

As per the sources, the court in the Odisha capital, Bhuvaneshwar has admitted a petition challenging Aamir Khan Production’s plans to use ‘Satyamev Jayate’, the national motto of India, as a business brand under which it is proposed to sell everything from kitchen utensils to footwear. A city based journalist and social activist, Dr. Subash … Continue reading ODISHA COURT ADMITTED CASE AGAINST AAMIR KHAN PRODUCTION’S PROPOSED ‘SATYAMEV JAYATE’ USE AS TRADE MARK

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A Change in Year Brings Change in IP Laws and Policy

3rd January, 2014 - 12:26 pm Categories: IP Practice in India News & Updates Patents

The intellectual property (IP) concepts that are applied today to the national laws and international treaties and organizations date back to eighteenth century. The IP laws vary from one country to another. The changes in Intellectual property laws also depend on the changes in technology. Due to emerging new technologies and R&D activities, the intellectual … Continue reading A Change in Year Brings Change in IP Laws and Policy

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Day of reckoning for domain name bullies!

22nd June, 2013 - 9:45 am Categories: Trademark Litigation

Eversince the advent of the Domain Name System, the entire world has experienced a radical metamorphosis that has brought about a revolution in the way we communicate and connect. Domain names have dramatically expanded the reach of businesses and brands to hundreds of millions of people and have incontrovertibly become an indispensable tool for business … Continue reading Day of reckoning for domain name bullies!

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Analysis of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007

4th February, 2013 - 5:30 am Categories: IP Practice in India News & Updates

The Customs Act, 1962 prohibits import of those goods that infringed intellectual property. Under Section 11, the Central Government can prohibit import or export of goods that infringed patents, trademarks or copyrights, by issuing a notification. It also covered prevention of contravention of any law for the time being in force. Further, Section 111 and … Continue reading Analysis of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007

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Infringement of comic characters- Comic con?

1st December, 2012 - 1:05 pm Categories: Copyright Litigation IP Litigation News & Updates

Graphical characters are commercialized in the form of cartoons, posters, food products or merchandises like toys and clothes, to name a few. The profits garnered would depend on the popularity of the brand that the graphical character represents. Exploitation of the graphical character can take place if it is not legally protected. Intellectual property and … Continue reading Infringement of comic characters- Comic con?

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Trade mark licensing in India

26th November, 2012 - 6:32 pm Categories: IP Practice in India

One of the drastic turnarounds caused by the introduction of the new Trade Marks Act, 1999, repealing the old Trade Marks Act, 1958 was broadening the definition of the phrase ‘permitted use’. In the new Act, the use of a registered Trade Mark is now permitted not only by the registered user, but also by … Continue reading Trade mark licensing in India

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Removal from Trademarks Register Due to Non-Use

19th May, 2012 - 11:22 am Categories: IP Practice in India Trademark Litigation

Is using and/or commercializing a registered Trade Mark really necessary in India or is simply sitting over it and renewing the same periodically enough to maintain the mark and gain from the protection it accords. Poorva Khandekar, an intern at Khurana & Khurana and 4’th year law student from KIIT Law School, Bhubaneswar explores the … Continue reading Removal from Trademarks Register Due to Non-Use

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