Category: Trademark Litigation

The Madrid System for the International Registration of Marks (Madrid System)

16th July, 2013 - 9:08 am Categories: Trademark Litigation

The “Madrid System” is a centrally administered system of obtaining a bundle of trademark registrations in different jurisdictions. It is governed by two treaties, the Madrid Agreement and the Madrid Protocol, and is administered by the International Bureau of WIPO in Geneva, Switzerland. Madrid System permits the filing, registration and maintenance of trade mark rights … Continue reading The Madrid System for the International Registration of Marks (Madrid System)

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Day of reckoning for domain name bullies!

22nd June, 2013 - 9:45 am Categories: Trademark Litigation

Eversince the advent of the Domain Name System, the entire world has experienced a radical metamorphosis that has brought about a revolution in the way we communicate and connect. Domain names have dramatically expanded the reach of businesses and brands to hundreds of millions of people and have incontrovertibly become an indispensable tool for business … Continue reading Day of reckoning for domain name bullies!

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LOWENBRAU vs. LOWENBRAU- A NON-USE CONTROVERSY

7th June, 2013 - 12:05 pm Categories: Trademark Litigation

Gajendra Khichi, an intern at Khurana and Khurana talks about case of non-use of trade mark. Through this post, he gives special emphasis on the case of M/s. Lowenbrau Buttenheim vs. M/s. Lowenbrau Munchen, which created quite a stir regarding non-use of trade mark. The object of the trademark law is to protect the rights … Continue reading LOWENBRAU vs. LOWENBRAU- A NON-USE CONTROVERSY

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Trade Mark Parody- An analysis of Tata Sons v. Greenpeace

27th February, 2013 - 9:22 am Categories: News & Updates Trademark Litigation

Trade Mark Parody is a defense to Trade Mark infringement. There should be no likelihood of confusion between the original host work and the parody work, as the parody will not be taken in a serious manner. It must be cleverly portrayed so as to show itself as a humorous take on the original work. … Continue reading Trade Mark Parody- An analysis of Tata Sons v. Greenpeace

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Analysis of the case- Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. on 20 December, 2011

26th December, 2012 - 9:37 am Categories: Trademark Litigation

Mrinal Gour, an intern at Khurana and Khurana Advocates and IP Attorneys, analyses the case, Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. This was a landmark judgment with respect to registering a numeral as a trademark. Sections involved: Section 29 of Trademark Act, 1999 which talks about infringement of registered trademarks. It states the … Continue reading Analysis of the case- Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. on 20 December, 2011

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What’s in a domain name?

17th September, 2012 - 6:57 am Categories: Trademark Litigation

The original role of having a domain name was to provide an internet address for computers. With the increasing rate of commercial activities on the web, a domain name is now seen as a way of identifying the business of the company. A potential consumer is always lured to the company after he/she goes through … Continue reading What’s in a domain name?

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The Brand War!

3rd September, 2012 - 9:11 am Categories: Trademark Litigation

Brands are the biggest source of marketing. A company protects its brands by Trade Marks since they are often the main identity of their business or their key products. If the ownership of the Trade Mark is disputed, it can disrupt the business of both the concerned parties. A brand operation can undergo huge losses … Continue reading The Brand War!

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Ayur- Generic Term or not?

14th July, 2012 - 12:01 pm Categories: Trademark Litigation

India is the home to the science of Ayurveda. Recently, the question whether ‘Ayur’ could be monopolized as a trademark was sought to be answered in an order passed by the Intellectual Property Appellate Board. Alex Hotels and Resorts, Bangalore have been using the mark ‘Ayurtheeram’ since 01/06/2005 and were granted registration for the said … Continue reading Ayur- Generic Term or not?

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Let’s Google it !

3rd July, 2012 - 6:00 pm Categories: Trademark Litigation

David Elliot, from Arizona, owned 750 websites with domains like ‘googlegaycruises.com’ and ‘googledonaldtrump.com’ among many others. His argument was that he needed to use the word ‘google’ because he was developing an internet based business that will promote charity, commerce, community, relationships, personal health etc. He further stated that he did not register the domain … Continue reading Let’s Google it !

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Passing Off Action by Mid-Size Foreign Companies Having Unregistered Marks in India

2nd June, 2012 - 5:13 am Categories: Trademark Litigation

There are often cases that we undertake for representation, wherein the cases relate to enforcement of trademarks by/of mid-sized foreign corporations that have not been filed and/or used in India against Indian companies that have deceptively used their marks thereby constituting misrepresentation, which might amount to passing off. Rupkatha and Poorva, interns at Khurana & … Continue reading Passing Off Action by Mid-Size Foreign Companies Having Unregistered Marks in India

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