Analysis of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007
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
Read more »Infringement of comic characters- Comic con?
1st December, 2012 - 1:05 pm
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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?
Read more »Trade mark licensing 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
Read more »Removal from Trademarks Register Due to Non-Use
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
Read more »MORGARDSHAMMAR AB Vs. MORGARDSHAMMAR India Pvt. Ltd.
Recently, the Honourable High Court of Delhi has restrained Modi Group’s MORGARDSHAMMAR India, a rolling mill equipment manufacturer, from using the MORGARDSHAMMAR trademark. The Court has granted Plaintiff MORGARDSHAMMAR AB a decree of permanent injunction against use of its trademarks or trade name by the defendants MORGARDSHAMMAR India. Justice A.K. Pathak issued a restraining order restraining India’s … Continue reading MORGARDSHAMMAR AB Vs. MORGARDSHAMMAR India Pvt. Ltd.
Read more »GEOGRAPHICAL INDICATION VS. TRADEMARK
As the title suggests, this article will ride you through interesting judgment given by Division Bench of Kolkata High Court recently in Tea Board, India vs. I.T.C. Limited upholding emphatically the earlier decision of the Single Judge. This is a very interesting decision, not just because it is the upholding of first ever decision given … Continue reading GEOGRAPHICAL INDICATION VS. TRADEMARK
Read more »With newly amended TM rules, will India keep up the pace with other global countries?
The Process of trade mark registration in India being very slow is not only time consuming but also sometimes frustrating. Hopes soared high when in the beginning of year 2010, Trade Marks Registry assured attorneys and applicants that all records of the TM Registry were being digitized and on completion of digitization process, the movement … Continue reading With newly amended TM rules, will India keep up the pace with other global countries?
Read more »Trademark tiff between Masculine drink makers and its challengers!
Just days after I bought my first bottle of the ‘must have’ “Knock-out” pepper spray, I came across a trademark dispute between the makers of this product and manufacturers of the beer brand “Knock-Out”. What came next were a series of interesting case laws, and evidences, and finally the verdict of Delhi High Court Justice … Continue reading Trademark tiff between Masculine drink makers and its challengers!
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