Can A Passing-Off Action Be Filed Against The Infringement Of Shape Of A Good? A Case Analysis
Introduction: Have you ever wondered if a bottle shape may be trademarked? Typically, The Designs Act, 2000 protects these aesthetic appearances and establishes the essential specifications that are deemed to be the conditions for a design’s registration under the Design Act, 2000. The shape of bottles, on the other hand, is regarded as distinctive and … Continue reading Can A Passing-Off Action Be Filed Against The Infringement Of Shape Of A Good? A Case Analysis
Read more »Comparative Advertisement: Judicial Trends In The Contemporary World
INTRODUCTION: In many nations, comparative advertising is a common form of commercial advertising. The word “comparative advertisement” refers to a comparison of an advertiser’s goods and services to those of a competitor. The goal of comparative advertising is threefold: to raise public awareness through honest comparison, to promote the brand, and to increase market sales. … Continue reading Comparative Advertisement: Judicial Trends In The Contemporary World
Read more »Case Analysis: P. Sundaram v. Asia Match Company
26th November, 2021 - 5:32 am
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Copyright
Copyright Infringement
Legal Issues
Trademark
Trademark Litigation
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This interim order on the issue of whether the respondent, based on the location of their branch office, can maintain the present suit within the territorial jurisdiction of the present Court, i.e., a question on the issue of the jurisdiction of the commercial division. The case originally was filed by Respondents in this case who … Continue reading Case Analysis: P. Sundaram v. Asia Match Company
Read more »An Overview on the Concept of Dilution of Trademarks
An overview on trademarks, their significance, and registration Trademarks play a crucial role in reflecting the quality of a product or service. Moreover, it provides a sense of individuality to the brand by differentiating its products and services from other competitors in a particular domain. Trademarks are a valuable asset to a company or a … Continue reading An Overview on the Concept of Dilution of Trademarks
Read more »How Much Do Phonetic Similarities Matter in Trademark Disputes?
Determination of the distinctiveness of marks, despite the standard set by the Trade Marks Act, 1999 under provisions such as Section 9 and Section 11, is a difficult task and often requires judicial insight. As a matter of principle, the examiner/court will have look at the mark in its totality. In recent years, a comparison … Continue reading How Much Do Phonetic Similarities Matter in Trademark Disputes?
Read more »An Overview on Trademark Bullying in Commercial Environments
A trademark is an essential component of a brand’s image. In a broad sense, trademarks are symbols, words, logos, domain names, or shapes used by businesses to represent their brand or products. Trademarking goods and services prevent other commercial entities from selling counterfeits or cybersquatting a domain name. This way, trademarks ensure that consumers make … Continue reading An Overview on Trademark Bullying in Commercial Environments
Read more »Legality of Using Common Terms for Trademark in View of Various Indian Cases
“India is a multilingual country, which can make brand management difficult. The fact that one word may have many synonyms in another language, as well as the variety of languages and scripts, can increase the possibility of infringement and pass off”[1]. Trademarks are the intangible assets of the proprietor. A proprietor spends time and resources … Continue reading Legality of Using Common Terms for Trademark in View of Various Indian Cases
Read more »The Contours of Religious Susceptibilities for Trademarks Introduction
In a country like India where religion is of paramount importance for the majority of its population, the usage of names of Gods, Goddesses, and religious texts and scriptures as trademarks can be sensitive. Although the same is not completely banned or prohibited from being used yet it depends largely on the nature of the … Continue reading The Contours of Religious Susceptibilities for Trademarks Introduction
Read more »Artificial Intelligence: A Looming Threat To Trademark Law?
“Humans looking for similarities in trademarks is an awful, inefficient, error-prone job, and one that computers can do much better than people” -Charles Hill, Product Leader and Strategist at Trademark Now The market is a dynamic place and the way people purchase goods and services has changed constantly over the years. In the Victorian era, … Continue reading Artificial Intelligence: A Looming Threat To Trademark Law?
Read more »Trademark Registration Procedure In U.S.
Introduction Once you have chosen your mark that you want to protect, the next step is the registration of that mark. In the U.S. the registration for the mark is done at the United States Patent and Trademark Office (USPTO) and the process of obtaining a registered trademark in the United States typically takes about … Continue reading Trademark Registration Procedure In U.S.
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