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Khadi and Village Industries Commission Suit
Introduction A recognisable phrase, word, emblem, or symbol that identifies a particular product and legally distinguishes it from all other products of its sort is referred to as a trademark. A trademark recognises the company’s ownership of the brand and solely distinguishes a product as being its own. Generally speaking, trademarks are regarded as a … Continue reading Khadi and Village Industries Commission Suit
Read more »Trademarking Times
Background The plaintiff, TRIUMPHANT INSTITUTE OF MANAGEMENT EDUCATION, has adopted the trademark, i.e. T.I.M.E., an acronym derived from the name of the Company after the suit with TIME Inc., an educational institute in the USA, in 2003. In the suit, the plaintiff has settled the suit by agreeing not to use the word ‘TIME’ and … Continue reading Trademarking Times
Read more »Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors
Introduction “While one person may build a home, another knit a sweater so also may a third create a valuable personality, all three must be recognised by the law as ‘property’ protected against trespass and theft.”[1] A person laboriously constructs a celebrity persona through a combination of intellectual, emotional and physical efforts. The good-will and … Continue reading Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors
Read more »Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction
Introduction As a settled proposition of law, ex-parte injunctions are granted by the court only in exceptional cases. In IPR matters, specifically in cases of trademark infringement, the plaintiff, out of several remedies, has the option of asking for an ex-parte injunction. While observing the principles on which the court may grant an ex-parte injunction … Continue reading Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction
Read more »Rajnigandha vs. Rajnipaan
Introduction This theory of initial interest confusion relies on luring the buyer toward the product in an effort to cause confusion among the general population. Before the customer even buys the product, there is already uncertainty due to two marks that are identical to each other and operate in the same market. As it has … Continue reading Rajnigandha vs. Rajnipaan
Read more »Trademarks Licensing and Franchising in Cambodia
Introduction With a continuous remarkable growth rate of 7.7% between 1995 and 2018, Cambodia’s economy is expanding quickly (World Bank, Cambodia Overview). Cambodia has changed from being categorised by the World Bank as a low-income country to a lower middle-income country over that time. A sizeable middle class had also grown, especially in Phnom Penh. … Continue reading Trademarks Licensing and Franchising in Cambodia
Read more »Deadwood Trademark
Introduction The purpose of a trademark is to identify a manufacturer or trader’s goods as their own so that he or she may later profit from the reputation for those items that may have been established by superior skill, diligence, and entrepreneurship. An authentic trademark assures the buyer of the origin and calibre of the … Continue reading Deadwood Trademark
Read more »Protection of Trademarks in China
Introduction Foreign companies entering the Chinese market need to familiarize themselves with its complex trademark regime, which both facilitates protections while also imposing certain unique limitations that brands must work around. China’s trademark regime follows a first-to-file system and so does not recognize international trademarks if they are not registered in the mainland. While China … Continue reading Protection of Trademarks in China
Read more »Understanding Arbitrability Of Trademarks
INTRODUCTION In its judgement in M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited[1][2021], the Delhi High Court recently delved into the interpretation of Section 8 of the Arbitration and Conciliation Act, 1996, in regard to trademark disputes. Before delving into the topic of trademark-related arbitrability, it is important to evaluate the existing state … Continue reading Understanding Arbitrability Of Trademarks
Read more »Protection of Geographical Indications in UAE
Introduction Trademarks are normally used by companies to safeguard the Intellectual Property rights of their goods or services from that of other companies. By applying for trademark protection, the businesses can have exclusive rights over their products, thereby preventing rival companies from using them. The geographical indication can be used to protect the products originating … Continue reading Protection of Geographical Indications in UAE
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