Tag: Trademark Infringement

Havells v Panasonic : Delhi High Court on Composite Suits for Passing off and Design Infringement

Although both registered designs and trade dresses protect aesthetic features, they differ in their scope. While design protection is restricted to those visual elements that are explicitly included in the registration, the trade dress of a product refers to its overall look and feel, and the visual impact it has on consumers. Therefore, the trade … Continue reading Havells v Panasonic : Delhi High Court on Composite Suits for Passing off and Design Infringement

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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

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India’s Stand On Counterfeit Goods

Counterfeiting is a practice prevailing since time immemorial. The act of finding cheaper alternatives/dupes to luxury goods has increased in demand, especially in a country like India where most of the general public fall in the middle-class sector with a high consumption for brand and brand value. The word “Counterfeit” is derived from the French … Continue reading India’s Stand On Counterfeit Goods

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Romag Fasteners Inc V Fossil Inc : Trademark and Wilful Infringement

Romag Fasteners Inc V Fossil Inc : Trademark and Wilful Infringement, Fasteners, Inc. is an American company involved in manufacturing magnetic accessory & products such as snaps, clasps, fasteners, closures, etc. With its production and distribution centres located in the U.S, Europe, and Asia, the company is known internationally for its signature product – the … Continue reading Romag Fasteners Inc V Fossil Inc : Trademark and Wilful Infringement

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Moonshine Technology (P) Ltd. V. Tictok Skill Games (P) Ltd.: Position Of “Descriptive Words”, “Delay” And Protection Of Consumers ’ Interests In A Trade Marks Act Infringement Case

Introduction Trademark infringement, defined under Section 29 of the Trade Marks Act, 1999[i] (hereinafter, referred to as ‘Act’) is the unauthorized use of a mark that is identical or deceptively similar to a registered trade mark and may cause confusion about the source of the goods or services. In the recent Trad emark act infringement … Continue reading Moonshine Technology (P) Ltd. V. Tictok Skill Games (P) Ltd.: Position Of “Descriptive Words”, “Delay” And Protection Of Consumers ’ Interests In A Trade Marks Act Infringement Case

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A Clear Case of Trademark Dilution: Court’s Response to Trademark Infringement via Granting Default Judgment

Bob and Me Productions, Inc., an American restaurant and trademark owner brought this civil action against Lemon Leaf Café, LLC. The civil action was brought at the United States District Court for the Central District of California(“District Court”) (Bob & Me Prods. v. Lemon Leaf Café, LLC, 2020 U.S. Dist.). The grounds of civil action … Continue reading A Clear Case of Trademark Dilution: Court’s Response to Trademark Infringement via Granting Default Judgment

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The Satan Shoe Case: An Analysis of the Trademark Tussle between Nike and MSCHF

Commerce, fashion and branding giant Nike got into a trademark tussle yet again as recently as five months ago when Nike sued Brooklyn based MSCHF Product Studio Inc. over its latest launch of the Satan Shoes in collaboration with the Atlanta based artist “L’il Nas X” over his recent release of “MONTERO (Call me by … Continue reading The Satan Shoe Case: An Analysis of the Trademark Tussle between Nike and MSCHF

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Sports and Ambush Marketing

Ambush marketing is basically a practice in which a rival company or brand attempts to promote its products with another event that already has sponsors. It is simply a situation in which rival associates itself with an event unofficially to breach the full exposure of the sponsors. It’s a form of marketing strategy done by … Continue reading Sports and Ambush Marketing

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A Critical Analysis of Singh & Singh Dispute Order

Recently, the Delhi High Court through its judgment vide order dated 2nd June ’21, temporarily restricted the Canada based law firm named Singh + Singh Lawyers LLP (S&S Canada) from violating the trademark rights of the India based law firm Singh & Singh Law Firm LLP (S&S India). Through this article, the author aims to … Continue reading A Critical Analysis of Singh & Singh Dispute Order

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Artificial Intelligence: A Looming Threat To Trademark Law?

“Humans looking for similarities in trademarks is an awful, inefficient, error-prone job, and one that computers can do much better than people” -Charles Hill, Product Leader and Strategist at Trademark Now The market is a dynamic place and the way people purchase goods and services has changed constantly over the years. In the Victorian era, … Continue reading Artificial Intelligence: A Looming Threat To Trademark Law?

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