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 […]
Trademark
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 […]
Doom’s Day- An End to 150 years of Good yearicism
USPTO v. Booking.com[1]This post is in continuation to our previous posts covered here and here. The day has come and the SCOTUS (Supreme Court of […]
Genuine Artistic Motive Wins Over Trademark Infringement Allegation
The right to Freedom of speech in general enables us to express ourselves freely in different forms. Trademark law, on the other hand, protects the […]
Calling for a CONscious use of the “Well-Known” Mark ISKCON
On 6th March 2020[1], the Single Bench of the Bombay High Court led by Hon’ble Mr. Justice B.P Colabawalla, granted an ad-interim injunction in favour […]
How the addition of “.com” to a generic word, can be protectable under US trademark law
USPTO v. Booking.com B.V[1] As my colleague, in his article “Trademark Incapacity Doctrine or Primary significance test: Which favours Generic mark to be recognized as […]
The pecuniary jurisdiction of courts in IPR disputes
Mr. Nosy Parker is an artist who creates interesting posters at his leisure. Recently, through one of the groups on facebook, he saw an attractive […]
Pitbull yells out a trademark for himself! How Trade marking sounds have come a long way.
The jurisprudence of trademark laws, all around the world, has categorized a sound mark as a non-conventional trademark. It is usually seen as a trade […]
Trademark Incapacity Doctrine or Primary significance test: Which favors Generic mark to be recognized as trademark?
The principal purpose of a trademark is to act as a ‘source signifier’ and not ‘product signifier’. A mark qualifies as a trademark when a […]
Trademark as a vehicle of social divide
It was Shakespeare who, through Romeo, had thrown caution the wind, and questioned the significance of a name, for a Rose, called as anything but […]
Revising Trademark Restrictions: The new wave of interpreting ‘Scandalous’ or ‘Immoral’ Words
In a recent U.S. Supreme Court judgment of Iancu v. Brunetti [1] the law which bans the registration of such trademarks, symbols or words that […]