Category: Trademark

“Immoral Or Scandalous” Bar On Trade Mark A Violation Of Free Speech? – Us Supreme Court Ruling

INTRODUCTION The Lanham Act, also known as the Trademark Act of 1946 is a US Federal statute that governs the trademarks, service marks and unfair competition, similar to the Trademarks Act of India. Under the act any trademark which comprises of immoral, deceptive or scandalous matter which may disparage or falsely suggest a connection with … Continue reading “Immoral Or Scandalous” Bar On Trade Mark A Violation Of Free Speech? – Us Supreme Court Ruling

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Cultural Appropriation and Trademark Law

Kim Kardashian West, the popular American media personality, described by her critics and admirers of being ‘famous for being famous’ was recently in news this June after receiving a wave of backlash on social media against the decision to name her new shapewear line “Kimono” which is also a traditional Japanese robe garment. The issue … Continue reading Cultural Appropriation and Trademark Law

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Shoe Branding Europe V. Adidas: Case History

Introduction of  Companies involved in the dispute  Shoe Branding Europe BVBA is a Belgian footwear company and wants to register it’s 2 stripe logo as a trademark. Adidas has its roots in Germany but now it’s a global company dealing in Sportswear. Adidas has a 3 stripes logo to differentiate its product from other products … Continue reading Shoe Branding Europe V. Adidas: Case History

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Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting

Background The Bombay High Court has passed an order in Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr[1] imposing costs of INR 5 Crore to be paid by the defendants who were caught counterfeiting the Plaintiff’s mark and goods. In a global economy, counterfeiting activity is a challenge that impacts business … Continue reading Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting

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Khurana & Khurana Opens Jalandhar (Punjab) Office

Khurana & Khurana, Advocates and IP Attorneys (K&K) along with its IP Asset Management Practice, IIPRD, are happy to announce that they are expanding to Punjab and opening up their new branch Office in Jalandhar,  w.e.f *insert date*, in wake of its growing Intellectual Property (IP) and Commercial Litigation Practice, and with an intent to … Continue reading Khurana & Khurana Opens Jalandhar (Punjab) Office

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A Holistic Compendium: Indian Trademark Cases 2018

Awareness about intellectual property in India is on the rise, so is the number of trademark registration and therefore the infringement of registered marks are increasing. Indian Trade Mark Jurisprudence has crossed quite a lot of mile stones in year 2018 due to the increase in the number of litigations and by contributing to the … Continue reading A Holistic Compendium: Indian Trademark Cases 2018

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Non-Conventional Trademarks: A Legal Analysis

NATURE AND SCOPE OF NON-CONVENTIONAL TRADEMARKS The Non-Conventional marks are those marks which do not fall under the category of conventional marks such as marks including letters, numbers, logos, pictorial description, symbols, or those elements which consists of the combinations of such elements. The definition of Non-Conventional mark is illustrative and states that it includes … Continue reading Non-Conventional Trademarks: A Legal Analysis

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Position Of Unconventional Trademarks In India

INTRODUCTION As of late, the field of intellectual property has seen immense improvement, particularly with respect to trademarks. The Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”) perceives different sorts of trademarks. India has additionally rolled out vital improvements in its laws to follow the arrangements of the TRIPS agreement. A trademark according to … Continue reading Position Of Unconventional Trademarks In India

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Principles of Passing off In Trademarks: Wockhardt Limited Vs. Torrent Pharmaceuticals Ltd.

Background Torrent Pharmaceuticals Ltd. (Plaintiff/ Respondent) owned a trademark a trade mark called “CHYMORAL” and “CHYMORAL FORTE”, which is a drug administered post-surgically for swellings that may arise and/or wounds that may arise. They filed a suit for infringement and an interlocutory application for passing-off against the rival, Wockhardt Limited (Defendant/ Appellants) for violating its … Continue reading Principles of Passing off In Trademarks: Wockhardt Limited Vs. Torrent Pharmaceuticals Ltd.

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Fashion And Trademarks: The Clothing Controversy

Much like the trends on a ramp evolve every season, in the same way legal strategies of the industry’s leading fashion brands, fashion-houses and designers are in flux. Fashion is something to which each one of us relates. It is a part of everyone’s daily life; be it in the form of apparels or shoes … Continue reading Fashion And Trademarks: The Clothing Controversy

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