Tag: Trademarks Act 1999

Trademark Infringement and Geographical Boundaries: Lessons from Lacoste v. Crocodile Case

Introduction It was an auspicious August for the French luxury fashion brand Lacoste. Global headlines were made with Novak Djokovic, the foremost brand ambassador of Lacoste, winning the Paris Olympics Gold, which was followed by success in a two-decade-long trademark infringement case in Delhi High Court against internationally renowned Singapore-based company Crocodile International[1]. Decided on … Continue reading Trademark Infringement and Geographical Boundaries: Lessons from Lacoste v. Crocodile Case

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Analysis of Jan Vishwas Act, 2023 Vis-À-Vis Draft Trademarks Rules, 2024

OVERVIEW OF JAN VISHWAS ACT,2023 The Jan Vishwas Act, 2023, decriminalize major violations across various Central Ministries and Departments. Amendments to the Trade Marks Act, 1999 is all revolving around increased fines and reduced term of imprisonment. The aim of this act is to focus on civil penalties or administrative penalties rather than criminal penalties. … Continue reading Analysis of Jan Vishwas Act, 2023 Vis-À-Vis Draft Trademarks Rules, 2024

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Safeguarding Success: Vital Role of IPR in the Sports Law

Introduction Sports and sports industry are booming all over the world. Asian countries, particularly India, with its many cultures and histories are also regarded as Unity in Diversity, and they are home to a large population of sports enthusiasts. Sports are becoming increasingly popular, both as a recreational activity and as an economic venture. The … Continue reading Safeguarding Success: Vital Role of IPR in the Sports Law

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Schezwan Chutney: A Descriptive And Generic Term, Or A Unique Identifier?

INTRODUCTION Indians love Chinese food, or, more accurately, Indo-Chinese food; a unique blend of the cuisines and tastes prevalent in the two neighbouring countries that is loved most only by one of them. Perhaps an (abhorrent) frankenstein of sorts to most Chinese people, Indians of all sorts, Mahrashtrians, Kannadigas, Delhiites, and Bengalis – amongst others … Continue reading Schezwan Chutney: A Descriptive And Generic Term, Or A Unique Identifier?

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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

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Diageo Brands v. Alcobrew Distillerie : Why Did the Court Digress from the Judgement of The Great Galleon

Introduction In Diageo Brands B.V. & Anr. vs Alcobrew Distilleries India Pvt the plaintiff Diageo Brands B.V. approached the Delhi HC seeking injunction against Alcobrew Distilleries India Pvt for manufacture and sale of “Golfer’s shot” contenting the design of the bottle/flask to be an infringement of its “Scotch Hipster” range (Registered Design bearing No. 306577). … Continue reading Diageo Brands v. Alcobrew Distillerie : Why Did the Court Digress from the Judgement of The Great Galleon

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Sholay Trademark Infringement Case – The Need To Strengthen Trademark Protection For Cinematography

The legendary Amitabh Bacchan starrer “Sholay” is apparently one of the most popular and recognized movies of Bollywood. The instances and the characters of the movie have been engraved in public memory and have a wide fanbase. Over the years the movie has earned the status of being the most iconic film of all times. … Continue reading Sholay Trademark Infringement Case – The Need To Strengthen Trademark Protection For Cinematography

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

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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