Category: Trademark

A Reminder for Online Retailers

Here’s one case that involves an online retailing businesses that is having a link with Trade mark Law – Jadebay Ltd and others v Clarke-Coles Ltd (t/a Feel Good UK) [2017] EWHC 1400 (IPEC). However, overlooking the customary practice of online retailing methods, the Intellectual Property Enterprise Court followed the theoretical root of the Trade … Continue reading A Reminder for Online Retailers

Read more »

Appointment of Chairman of the Intellectual Property Appellate Board

IPAB is one of the most important IP tribunals in the country and was established by the Central Government by notifying in the Official Gazette on 15.07.2003. IPAB is an administrative body that has appellate jurisdiction over the decisions of the Controller of Patents, Registrar under the Trade Marks Act, 1999, and the Geographical Indications. … Continue reading Appointment of Chairman of the Intellectual Property Appellate Board

Read more »

Louboutin’s ‘Red Sole’ Declared as a Well-Known Trademark by Delhi HC

The news of famous French fashion designer Christian Louboutin’s ‘red sole’ shoes with their sky heel stiletto and iconic red sole often regarded as the fashion statement has recently been in the limelight for being declared as a well-known trademark by Justice Mukta Gupta, Delhi High Court, but very few know the story behind the … Continue reading Louboutin’s ‘Red Sole’ Declared as a Well-Known Trademark by Delhi HC

Read more »

Trade Mark Infringement-Toyoto Jidosha Kabushiki Kaisha. vs. M/S Prius Auto Industries Ltd. and Ors.

Time for Considering Territoriality Principle over Universality Principle  Courts are gradually shifting their focus to territorial nature of Trade Marks. The same was also quite evident in the Exide case, that has been discussed in the previous blog (here). However, no conclusion was drawn in the case due to ‘out of court settlement’. But, the … Continue reading Trade Mark Infringement-Toyoto Jidosha Kabushiki Kaisha. vs. M/S Prius Auto Industries Ltd. and Ors.

Read more »

Exide Industries Limited vs. Exide Corporation, U.S.A. & Ors.

The case Exide India v Exide US brings into effect the perplexing issue of Trademark law. The dispute dates back to 1997 when the US based Company ‘Exide Technologies’ entered the Indian market post Liberalisation, where Indian company ‘Exide Industries’ was already present over the decades in the local market selling automobile batteries under the … Continue reading Exide Industries Limited vs. Exide Corporation, U.S.A. & Ors.

Read more »

100 and counting: Indonesia joins Madrid Protocol

The Madrid Protocol is an international treaty which simplifies the procedure for international registration of trademarks by filing a single application along with onetime payment fee. The protocol was adopted at Madrid on June 27, 1989, amended on October 3, 2006 and further amended on November 12, 2007 [1]. The Protocol provides for convenient and … Continue reading 100 and counting: Indonesia joins Madrid Protocol

Read more »

Brunei’s Intellectual Property Office Accession to Madrid Protocol

The Government of Brunei Darussalam on October 6, 2016 [1] deposited its instrument of accession to the Madrid Protocol for the International Registration of Marks in Geneva with the Director General of WIPO Francis Gurry [5]. The accession makes Brunei Darussalam the 98th member to the Madrid System. The aforementioned protocol came into force On … Continue reading Brunei’s Intellectual Property Office Accession to Madrid Protocol

Read more »

Energy and Industry Department at the Prime Minister’s Office (EIDPMO) Launches Trademark Search Kiosk

The Brunei Intellectual Property Office (BruIPO) is an office under EIDPMO and is responsible for the administration and registration of Intellectual Property (IP) including Patents, Trade Marks, Industrial Designs and Plant Varieties Protection (PVP) [2].  In its efforts to enhance its services to the public, BruIPO has recently introduced a trademark ‘Search Kiosk’ at the … Continue reading Energy and Industry Department at the Prime Minister’s Office (EIDPMO) Launches Trademark Search Kiosk

Read more »

TATTOOS AS INTELLECTUAL PROPERTY- AN INDIAN PERSPECTIVE

INTRODUCTION: Tim Parks in his book[1] wrote “You will only have copyright in a society that places a very high value on the individual, the individual intellect, the products of individual intellect.” In an overtly aware society like ours, there is no doubt that we not only value but are also more aware of our … Continue reading TATTOOS AS INTELLECTUAL PROPERTY- AN INDIAN PERSPECTIVE

Read more »

INDIA’S PROTECTION TO SECRETS OF TRADE

Introduction The global econoamy is trending towards an era of protectionism as can be seen from policies such as “Make America Great Again” and “Make in India”, thereby increasing the significance on exports and the manufacturing sector. As a corollary effect, the importance of Intellectual Property (IP) protection also increases due to the need to … Continue reading INDIA’S PROTECTION TO SECRETS OF TRADE

Read more »