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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 »Delhi High Court Prohibits ‘Franchise Byte’ from Uploading YouTube Videos Featuring the ‘WOW! MOMO’ Brand
The Delhi High Court prohibited Franchise Byte from using the trademark “WOW! MOMO” and ordered it to remove all Wow Momo-related videos and content from its website and YouTube channel. Wow! Momo Wow! Momo is a fast-food restaurant chain headquartered in Kolkata and is operated by Wow Momo Foods Private Limited. Its specialities include a … Continue reading Delhi High Court Prohibits ‘Franchise Byte’ from Uploading YouTube Videos Featuring the ‘WOW! MOMO’ Brand
Read more »“Trademark Turmoil | Bolt Technology vs. UJOY Technology | A Pivotal Case or a Potential Pitfall?”
Introduction The cases of transborder trademark infringement based on goodwill and reputation is nothing new in the world of IP litigation. The courts often find themselves at crossroad when dealing with such matters because of the moral dilemma that the case presents to them; whether to protect the domestic entities who are trying to make … Continue reading “Trademark Turmoil | Bolt Technology vs. UJOY Technology | A Pivotal Case or a Potential Pitfall?”
Read more »Determining Similarity Between Rival Marks Part 2
The first part of this article exclusively dealt with the Anti-Dissection rule and the second part of this article shall pertain to the rule of dominant feature. Introduction It is the settled position of law that two conflicting marks have to be compared as a whole and parts of the marks cannot be dissected for … Continue reading Determining Similarity Between Rival Marks Part 2
Read more »Determining Similarity Between Rival Marks Part 1
Introduction Section 15 and Section 17 of the Trade Marks Act, 1999 deal with the registration of parts of trademarks and the effect of registration of parts of a mark respectively. A bare perusal makes it clear that the intention behind these two provisions is that when a trademark consists of several matters, the proprietor … Continue reading Determining Similarity Between Rival Marks Part 1
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 »‘Use of Trademarks as Keywords’ : Case Summary of Google v. DRS
INTRODUCTION The Delhi High Court in Google LLC v. DRS Logistics (P) Ltd.[1] has ruled in favour of DRS (‘Respondent’) in an appeal favoured by Google LLC (‘Appellant’). The division bench upheld the order of the single bench to the extent that the use of the respondent’s trademark as a keyword in the Google Ads … Continue reading ‘Use of Trademarks as Keywords’ : Case Summary of Google v. DRS
Read more »Understanding Family Trademarks
Introduction Trademarks serve to safeguard the distinctive characteristics that distinguish the origin of products under the ownership of a particular entity. This legal privilege is typically granted to those who have obtained registration or have been using such marks for a long period of time. Nonetheless, the subject at hand challenges this notion. Numerous well-known … Continue reading Understanding Family Trademarks
Read more »Posthumous Celebrity Rights- Until Death Do Us Apart?
Introduction With the advent of the 21st century, branding has gained importance. A successful banding strategy needs advertising. Engaging a known popular face for advertisement has become a trend. These faces often happen to be celebrities with large fan following who trust them. Celebrity endorsements are a way of influencing customers, gaining visibility and increasing … Continue reading Posthumous Celebrity Rights- Until Death Do Us Apart?
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