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The Impact of India’s ‘Trans-Border Reputation’ Doctrine on International Trademark Bullying Cases
Introduction Trademarks at the crossroads: the Indian style of setting up the trademarks In the constantly developing world of the intellectual property rights protection, India has established its position as a specific player in the sphere due to its individual approach in the trademarks matter. The basis of this approach is the “’trans-border’ reputation” legal … Continue reading The Impact of India’s ‘Trans-Border Reputation’ Doctrine on International Trademark Bullying Cases
Read more »Trademark Registration Process in India
Introduction A trademark could be in a form of a word, logo, device, brand, heading, label, ticket, name, or signature which is capable of distinguishing the goods or services of one entity from those of another. It can include the shape of the goods, their packaging, and the combination of colors, and it needs to … Continue reading Trademark Registration Process in India
Read more »Branding the Game: The use of Trademarks in Sports
INTRODUCTION The year 2024 has given us a summer full of amazing sporting events, starting with the Euros and continuing with Wimbledon, the Tour de France, and eventually the Olympic and Paralympic Games.[1] In this we will see behind the scenes how trademark protection strategies are important in sporting industry.[2] Business value is created by … Continue reading Branding the Game: The use of Trademarks in Sports
Read more »Darjeeling Tea to Similipal Kai Chutney – A Journey of Gi Tags in India
INTRODUCTION What are Geographical Indications Geographical indication or as we know GI is a sign that denotes a product of a particular location or locality or originated from that locality or geographical location. The said product possesses a distinct reputation and quality of the place from where it is originated. GIs are commonly registered on … Continue reading Darjeeling Tea to Similipal Kai Chutney – A Journey of Gi Tags in India
Read more »Luckin Coffee’s Trade Mark Battle in Thailand: A Cautionary Tale For International Business Expansion
Introduction In the ever changing environment of global business, trademarks become crucial assets to any organization as they help in identifying it in the market. Still, even such giants of the market can turn into participants of legal battles over the use of trademarks. An example that can still be seen today is the trademark … Continue reading Luckin Coffee’s Trade Mark Battle in Thailand: A Cautionary Tale For International Business Expansion
Read more »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
Read more »Trademark Assignment & its Renewal
INTRODUCTION Trademarks can be sold; therefore, trademark transfer or trademark assignment is possible. Trademark assignment means the control of a trademark switches from one person to another. It can be a transfer of part of the brand or all of it and it entails transfer of goodwill of the trademark as well. This is an … Continue reading Trademark Assignment & its Renewal
Read more »The Complexities of Trademark Disparagement: A Jurisprudential Analysis
Introduction Disparagement, a concept intrinsically linked to the act of denigrating a product or service through misleading or false remarks, has significant implications in the realm of commercial law. It not only affects the reputation and market position of businesses but also raises intricate legal questions about the boundaries of free speech and fair competition. … Continue reading The Complexities of Trademark Disparagement: A Jurisprudential Analysis
Read more »Trademark Infringement by NFTs: International Scenario
BACKGROUND AND CONTEXT An analysis of the opportunities offered by the use of NFTs (“Non-fungible Tokens”) illustrates that such use may be considered a trademark infringement. This was recently clarified by the IP Chamber of the Court of Rome (Tribunale di Roma, decision n. 37165/2022 dell’11 luglio 2022). 32072/2022).[i] An analysis of the opportunities offered … Continue reading Trademark Infringement by NFTs: International Scenario
Read more »Drawing a thin line between Passing off and Infringement: An important aspect in The Indian trademark law.
In our Daily life we see more than 100 brands in our day but how can we distinguished them is they are registered or not .This question arrises in many of us, Is this brand Really belong to that company or not so to solve this problem we got the right of trademark registration. Registering … Continue reading Drawing a thin line between Passing off and Infringement: An important aspect in The Indian trademark law.
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