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Levi Strauss And Co. Vs. Imperial Online Services Private Limited And Ors. –A New Development In The Realm Of Unconventional Trademarks.
INTRODUCTION This case of Levi Strauss & Co. v. Imperial Online Services Pvt. Ltd. is bound to become a pivotal event in the realm of non-traditional trademark protection. The primary issue, in this case, was whether or not stitching patterns qualified for trademark protection under the Trade Marks Act, 1999. This suit was filed in … Continue reading Levi Strauss And Co. Vs. Imperial Online Services Private Limited And Ors. –A New Development In The Realm Of Unconventional Trademarks.
Read more »Reinforcing The Test of Deceptive Similarity Under Trademark Law- Cadbury Gems VS Jamesbond
Trademark is one of the intellectual property which can be created by any person with his labor and intellect. Basically, a trademark can be any word, phrase, symbol, design or a combination of all these things which helps to identify any goods or services. Whenever a goods or services is associated with any mark, it … Continue reading Reinforcing The Test of Deceptive Similarity Under Trademark Law- Cadbury Gems VS Jamesbond
Read more »Prior Use V. Prior Registration : Trademark Law
What is the difference between a Prior Use of a Trademark as opposed to Prior Registration of a Trademark? The Intellectual Property Appellate Board (hereinafter referred to as “the IPAB”) has scrutinized one of the most discussed issues of prior use and prior registration under the trademark law. In the case of Mandom Corporation v. … Continue reading Prior Use V. Prior Registration : Trademark Law
Read more »The Utility of Metaverse Trademarks
When the pandemic forced billions of people indoors, it gave an impetus to those envisioning a metaverse. As the metaverse has grown in popularity, corporations have commenced filing fresh trademark applications for the virtual counterparts of products they already provide in the real world. This article discusses some recent instances of this observable trend, and … Continue reading The Utility of Metaverse Trademarks
Read more »Uncoiling the ‘Serpent’: A Case Comment of Bulgari Spa v. Notandas Gems
The jurisdiction of the courts in cases of trademark infringement has been a moot point till now with various facets of IP infringements revealing due to social and technological advancements. With the rise of transactions on the e-commerce platforms and online shopping, the courts have tried to confer the territorial jurisdiction on the competent courts … Continue reading Uncoiling the ‘Serpent’: A Case Comment of Bulgari Spa v. Notandas Gems
Read more »Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark
The right to sue for infringement of his mark is the most significant right conferred upon a registered proprietor by the Trade Marks Act, 1999 (Hereinafter, “TM Act”). However, can one registered proprietor claim the exclusive right to use a trademark against another proprietor who has obtained a registration for an identical or very similar … Continue reading Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark
Read more »Conceptualization And Expansion In The Jurisprudence Of Bad Faith In Trademark Law
The concept of Bad Faith involves the disputed party intentionally refusing to fulfil any legal or contractual obligation, or entering into a contract without intending or having the means to complete it. With regard to trademarks, registration of identical or deceptively similar marks can become problematic for the registered and prior users of the mark. … Continue reading Conceptualization And Expansion In The Jurisprudence Of Bad Faith In Trademark Law
Read more »Sholay Trademark Infringement Case – The Need To Strengthen Trademark Protection For Cinematography
The legendary Amitabh Bacchan starrer “Sholay” is apparently one of the most popular and recognized movies of Bollywood. The instances and the characters of the movie have been engraved in public memory and have a wide fanbase. Over the years the movie has earned the status of being the most iconic film of all times. … Continue reading Sholay Trademark Infringement Case – The Need To Strengthen Trademark Protection For Cinematography
Read more »Well-Known Trademark Under The New UAE Trademark Law
In late 2021, to mark the 50th anniversary of the United Arab Emirate’s formation, the United Arab Emirates government introduced fifty new legislation. One of the long-awaited new laws was the United Arab Emirates Trademarks Law – Federal Trademarks Law No. 36 of 2021 (the “New Law”). With the introduction of the new law, United … Continue reading Well-Known Trademark Under The New UAE Trademark Law
Read more »The Indian Aroma: Protecting Through Unconventional Trademarks, ‘Smell Marks’
What is the music that comes up before your favourite cartoon show ‘Doremon’ airs? The famous theme song we are all so familiar with. What sets Pepsi and Coke apart before you have even tasted it? The shape of their bottles. Similarly, when you enter Starbucks, what intrigues your senses? Of course, the distinct aroma … Continue reading The Indian Aroma: Protecting Through Unconventional Trademarks, ‘Smell Marks’
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