Category: Trademark

Relevancy Of Knock-Out Search In Trademark

Introduction Conducting a trademark search before registration helps in the elimination of conflicts and informs us whether our mark is set for registration or is it infringing upon any other’s mark. Usually, we can see after trademark application, trademark offices reject the marks that are similar either because of the word, design, sign, or symbol … Continue reading Relevancy Of Knock-Out Search In Trademark

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Relief for The Wellness Shop – Commercial Court at Bangalore restrains the sale of counterfeit products bearing identical trade mark and trade dress as that of The Wellness Shop

Urbaine Consumer India Private Limited is a leading entity engaged in marketing and selling ecologically conscious, cruelty-free and safe skincare, hair care, body care and wellness products under its brand “The Wellness Shop”. On becoming aware of counterfeit versions of its “Turmeric Facial Wax” being sold on e-commerce platforms, Urbaine Consumer India Private Limited approached … Continue reading Relief for The Wellness Shop – Commercial Court at Bangalore restrains the sale of counterfeit products bearing identical trade mark and trade dress as that of The Wellness Shop

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Supreme’ Red-Box Logo Given A ‘Well-Known’ Mark Status by the Delhi High Court

Introduction Brand logos are one of the key identification factors of brands globally. Most brands register their trademark under the relevant law to prevent and punish any unauthorized usage. But some brands and their logos become so famous that even in the absence of registration, their logos get legal protection. The present case Chapter 4 … Continue reading Supreme’ Red-Box Logo Given A ‘Well-Known’ Mark Status by the Delhi High Court

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Trademark Law For Entertainment Brands: Protecting A Brand Identity

Introduction Section 2 (1) (zb) of the trademark act of 1999 defines a trademark. It is a distinguishing sign or signal put on commercial items by a person or organization to differentiate one trader’s products from those of another. Trademarks are becoming valuable in the music and film industries. Music and film are two of … Continue reading Trademark Law For Entertainment Brands: Protecting A Brand Identity

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‘Use of Trademarks as Keywords’ : Case Summary of Google v. DRS

INTRODUCTION The Delhi High Court in Google LLC v. DRS Logistics (P) Ltd.[1] has ruled in favour of DRS (‘Respondent’) in an appeal favoured by Google LLC (‘Appellant’). The division bench upheld the order of the single bench to the extent that the use of the respondent’s trademark as a keyword in the Google Ads … Continue reading ‘Use of Trademarks as Keywords’ : Case Summary of Google v. DRS

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Understanding Family Trademarks

Introduction Trademarks serve to safeguard the distinctive characteristics that distinguish the origin of products under the ownership of a particular entity. This legal privilege is typically granted to those who have obtained registration or have been using such marks for a long period of time. Nonetheless, the subject at hand challenges this notion. Numerous well-known … Continue reading Understanding Family Trademarks

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Posthumous Celebrity Rights- Until Death Do Us Apart?

Introduction With the advent of the 21st century, branding has gained importance. A successful banding strategy needs advertising. Engaging a known popular face for advertisement has become a trend. These faces often happen to be celebrities with large fan following who trust them. Celebrity endorsements are a way of influencing customers, gaining visibility and increasing … Continue reading Posthumous Celebrity Rights- Until Death Do Us Apart?

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Non-Use Of A Registered Trademark

Section 47 Of The Trade Marks Act, 1999        The intention behind Section 47 of The Trade Marks Act, 1999 is to prevent hoarding of trademarks. It stipulates that a registered trademark may be taken off the register in case of non-user, if the trademark was registered without any bona fide intention on the part of … Continue reading Non-Use Of A Registered Trademark

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Neon Laboratories Limited Versus Medical Technologies Limited And Others

Parties The Respondent-Plaintiffs are indulged in the manufacturing and marketing of pharmaceutical products and became the owner of the trademark ‘PROFOL’ in the year 2000 after amalgamating with the predecessor-in-title, Hematal Biologicals Ltd. or Core Health Care Ltd. who had applied for registration of the trademark ‘PROFOL’ in the year 1998 and received the registration … Continue reading Neon Laboratories Limited Versus Medical Technologies Limited And Others

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Bhole Baba Milk Food Industries Limited Versus Parul Food Specialities (P) Limited

Parties: The Plaintiff manufactures and sells milk and dairy products. They have been using the mark ‘KRISHNA’ since the year 1992 and have earned substantial goodwill in the market. The Defendant filed for the registration of its trademark ‘Parul’s Lord Krishna’ bearing application number 1863747, on 17 September, 2009. Brief Facts: Brief facts of the … Continue reading Bhole Baba Milk Food Industries Limited Versus Parul Food Specialities (P) Limited

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