PhonePe Vs. BharatPe: Anti Dissection vs Dominant Mark Test
When it comes to the success of a particular brand, Trademarks play an essential role. Trademarks of a brand are its unique identification captured in […]
Trademark
Trademark valid only for personal use: High court curtails the right to license!
Introduction Can a person, who uses his own name or surname as a trademark, be held liable for trademark infringement of a registered trademark? Does […]
Analysis of effect of acquiescence in Senior-Junior User Relationship in use of a mark
Introduction The general idea surrounding use of trademarks is that only a single entity, that is the registered owner of the trademark or any other […]
Cutis Biotech V Serum Institute of India Pvt. Ltd.: The case of “passing off” in Trademark
The Serum Institute of India, the world’s largest manufacturer of vaccines by volume, has recently launched its antibiotic vaccine ‘Covishield’ to overcome the on-going global […]
HEXO Corp. v. Assi Project Management LLC Case Highlights and Settlement
Hexo Corp. is a consumer-packaged goods Cannabis Company that creates unique products to serve the global cannabis market[i]. It was incorporated in 2013 and the […]
INSTAGRAM VERSUS THRIFTAGRAM
Thinking of desirable commercial social media business platforms, Instagram has risen to be one of the most sought-after social media companies with over 600 million […]
Happy moments for ‘Magic Moments’ as court rules against ‘Vintage Moments’
An interim injunction was passed by the Hon’ble Delhi High Court against Vintage Distilleries Ltd. in the case of Radico Khaitan Ltd. v. Vintage Distilleries […]
Budweiser says cheers after Delhi High Court Rules in its favour
In today’s world of technology, a major part of our lives are lives are spent virtually via social media. Social media is no longer just […]
Report on the workshop on trade marks by Ms. Shumi Wasandi
The workshop session on Trade Marks (Applications and Oppositions): practice and procedures started at 4:45 pm IST on the 31st October, 2020. The meeting was […]
Counterfeits to Burberry’s Haymarket Check Trademark under Legal Scanner- yet again!
In its 164 years of existence, Burberry has time and again defended its “haymarket check” trademark from counterfeiters across the globe. If the description did […]
Mahindra’s Roxor Versus Fiat Chrysler’s Jeep: US Trade Dress Infringement Case
Are you a car addict?? Want to read something about cars?? Then you are at the right place…This post covers the Trade dress infringement suit […]
Madras High Court stays single bench order restraining Patanjali from using term ‘Coronil’
The controversy surrounding Baba Ramdev’s Patanjali Ayurveda Ltd. attempt to trademark the word ‘Coronil’ for the controversial drug ‘Coronil’ which is promoted as a cure […]
A Battle between luxury mark and mark of a common-average man
Analysis of BMW AG v. Om Balajee Automobile (India) Pvt Ltd What do you understand by the term ‘brand’? Is it a connotation to a […]
Emojis as intellectual property right: registering speech formats
“The English Language cannot fully capture the depth and complexity of my thoughts so I’m incorporating emoji into my speech to better express myself, Winky-face” […]
‘NO TURN’ to the defence of Prior Use
The principle of “Priority in adoption and use prevails over adoption in registration” is a well established judicial principle. This principle says that the rights […]
Prohibited Trademarks: What words and terms could lead to denial of your Trademark registration?
Thinking of a new innovative business model? A new start-up or product name that could set you apart from the crowd of the ever-growing additions […]
Death of a Distinctive mark by Genericide
Discussion of Aktiebolaget Volvo & ors v. Mantis technologies pvt. Ltd. & ors.[29 June, 2020] A mark is an image or face of the goods […]
Leeching as a mode of Trademark Infringement
The Rationale behind Trademark Protection Just as how humans are identified by their names, the ideas materialized by humans deserve to be identified by a […]
Using IPR as collateral: Business Continuity in Post-Covid Landscape
I. Introduction:The COVID-19 pandemic has thrown open dilemmatic questions to various business houses quizzing them about their survival, expansion plans and business continuity. The pandemic […]
Trademarkability of “.com” marks with generic terms
We often argue that generic words can’t be trademarked because it tends to be used in the same industry by the other proprietors to refer […]