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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?
Read more »Lifting the veil to the world of Barbie
The history of Barbie coming into existence is an interesting trail of legal relevance. Barbie – the teenage fashionista is not an original concept; Ruth Handler, the creator of Barbie saw a Lilli doll in a toy store window during her Europe tour in Lucerne, Switzerland. This led to her pursuing her desire of transforming … Continue reading Lifting the veil to the world of Barbie
Read more »S.M. DYECHEM LTD. VERSUS CADBURY (INDIA) LTD.
Parties The Appellant-Plaintiff is the registered proprietor of the trademark “piknik” and has been in the business of preparing potato chips, potato wafers, etc. since 1988. The Respondent Defendant Cadbury is a household name in India. They have been marketing chocolates since 1948. Brief Facts Brief facts of the case are as follows The Appellant-Plaintiff … Continue reading S.M. DYECHEM LTD. VERSUS CADBURY (INDIA) LTD.
Read more »Neon Laboratories Limited Versus Medical Technologies Limited And Others
Parties The Respondent-Plaintiffs are indulged in the manufacturing and marketing of pharmaceutical products and became the owner of the trademark ‘PROFOL’ in the year 2000 after amalgamating with the predecessor-in-title, Hematal Biologicals Ltd. or Core Health Care Ltd. who had applied for registration of the trademark ‘PROFOL’ in the year 1998 and received the registration … Continue reading Neon Laboratories Limited Versus Medical Technologies Limited And Others
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 »Yahoo! Inc. v. Akash Arora & Anr(1999) Delhi HC
Introduction The issue at hand is considered to be one of the most important examples of cybersquatting in India. The illegal practice of registering a well-known brand or business name as a domain name in order to drive traffic and increase earnings to one’s website is referred to as cybersquatting. The act of Akash Arora … Continue reading Yahoo! Inc. v. Akash Arora & Anr(1999) Delhi HC
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
Read more »Intermediaries And Their Liabilities: Analysis Of Christian Louboutin Vs Nakul Bajaj
Introduction The advent of e-commerce has revolutionized the way people shop and conduct business. With the ease of online transactions, e-commerce platforms have become an integral part of our daily lives. However, with the rise of e-commerce, trademark infringement issues have also arisen. In India, the e-commerce industry is booming, and the government has implemented … Continue reading Intermediaries And Their Liabilities: Analysis Of Christian Louboutin Vs Nakul Bajaj
Read more »Rachna Sagar Vs Sovereign Mercantile Trademark Dispute
The ongoing legal dispute between Rachna Sagar Pvt. Ltd. (Plaintiff) and Sovereign Mercantile Pvt. Ltd. & Ors. (Defendant) has highlighted significant issues in the trademark act, specifically with Sections 103 and 104, which outline the penalties for trademark infringement. Particularly the manner in which problems were caused upon a prior user owing to a fraudulent … Continue reading Rachna Sagar Vs Sovereign Mercantile Trademark Dispute
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