Tag: Trademark Act

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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S.M. DYECHEM LTD. VERSUS CADBURY (INDIA) LTD.

Parties The Appellant-Plaintiff is the registered proprietor of the trademark “piknik” and has been in the business of preparing potato chips, potato wafers, etc. since 1988. The Respondent Defendant Cadbury is a household name in India. They have been marketing chocolates since 1948. Brief Facts Brief facts of the case are as follows The Appellant-Plaintiff … Continue reading S.M. DYECHEM LTD. VERSUS CADBURY (INDIA) LTD.

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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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Process Of Registration Of Trademark In Nepal

Definition Of Trademark Trademark is defined under Section 2 (c) of The Patent, Design and Trade Mark Act, 2022 (1965) as any word, or symbol, or picture, or combination which is used by any individual or firm or company in their goods or services in order to distinguish the same from the goods or services … Continue reading Process Of Registration Of Trademark In Nepal

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The High Court of Delhi Grants Permanent Injunction in Favour of Louis Vuitton

Introduction The High Court of Delhi (“the Court”) on 18th April 2023, in Louis Vuitton Malletier vs Santosh & Ors.[1], issued a permanent injunction restraining the Defendants from infringing and selling counterfeit products under the Plaintiff’s luxury brand “Louis Vuitton”. The Court also ordered the Defendants to pay INR 9.59 Lakhs as damages and costs … Continue reading The High Court of Delhi Grants Permanent Injunction in Favour of Louis Vuitton

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RPG Enterprises Limited v Riju Ghoshal Trading As RPG

Introduction The plaintiff company is an Indian industrial group with over twenty years of business. The adoption of its trademark RPG originates from the company’s founder and well-known industrialist Mr. Rama Prasad Goenka. Over the years, RPG and the companies in its group have adopted a number of stylized/descriptive trademarks, including the mark RPG, to … Continue reading RPG Enterprises Limited v Riju Ghoshal Trading As RPG

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A Coffee Controversy: Starbucks vs Sardarbuksh

Introduction A trademark can be a symbol, a word, a phrase, a logo, a design, or even a combination of these elements. By utilising trademarks as identifiers, consumers can recognise goods and services. Examples of trademarks include Reebok’s brand logo, Coca-Cola’s logo, and Apple’s logo. Examples of trademarks include the phrase “Just do it” and … Continue reading A Coffee Controversy: Starbucks vs Sardarbuksh

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Case Summary On Vardhman Properties Ltd V. M/S Vardhman Developers

Introduction There has always been a question that whether similar or phonetically similar trademarks can be registered same under the same class or not. Here in this case the plaintiff has registered the trademark on his name and wherein the respondent who has been accused for infringement of his mark and using the same mark … Continue reading Case Summary On Vardhman Properties Ltd V. M/S Vardhman Developers

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Trademark : Principle Of Territoriality In The Virtual World

Introduction The increased competition among traders and trading companies in the world of commerce led to the development of the trademark concept. A trademark helps differentiate one product or company from another, making it easier for a customer to identify that product or company. The blog focuses on the trademark system’s territoriality principle. The innovations … Continue reading Trademark : Principle Of Territoriality In The Virtual World

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