Tag: Trademark law

Case note on Subway IP LLC. v Infinity Food and ors.

Introduction Trademark law, a bastion of protecting intellectual property, is underpinned by intricate doctrines and principles. Among these, the anti-dissection rule and dominant feature test are crucial tools employed by courts to determine the distinctiveness and protectability of trademarks. Conventionally, it has been asserted that these two doctrines are not contradictory but rather complementary in … Continue reading Case note on Subway IP LLC. v Infinity Food and ors.

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Trademark Infringement in Online Markets: Comparative Analysis and Legal Frameworks – Part I

Abstract Online trademark infringement and counterfeiting is a growing problem for luxury brands. In recent years, trademark owners have taken aim at the operators of online marketplaces and auction websites, asserting that these defendants are liable for contributory infringement due to sales of counterfeit goods on their sites. In addressing the scope of secondary liability … Continue reading Trademark Infringement in Online Markets: Comparative Analysis and Legal Frameworks – Part I

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From Budgeting to Branding: Using the Madrid Fee Calculator for Trademark Registration

Introduction Expanding internationally can have a huge impact on the business landscape. However when venturing into new markets it becomes crucial to ensure our brand is safeguarded and recognized worldwide. This is where Trademarks play a role. Trademarks go beyond being logos; they help protect a company’s brand identity, reputation and the trust of consumers. … Continue reading From Budgeting to Branding: Using the Madrid Fee Calculator for Trademark Registration

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Process Of Registration Of Trademark In The Philippines

PROCESS OF REGISTRATION OF TRADEMARK The steps involved in the registration process of trademarks in the Philippines are as follows: APPLICATION FOR REGISTRATION Section 124 of The Act lays down the requirements of an application for registration of a trademark. The application for the registration of the mark shall be in Filipino or in English … Continue reading Process Of Registration Of Trademark In The Philippines

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Trademark Law For Entertainment Brands: Protecting A Brand Identity

Introduction Section 2 (1) (zb) of the trademark act of 1999 defines a trademark. It is a distinguishing sign or signal put on commercial items by a person or organization to differentiate one trader’s products from those of another. Trademarks are becoming valuable in the music and film industries. Music and film are two of … Continue reading Trademark Law For Entertainment Brands: Protecting A Brand Identity

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Adidas AMERICA INC. V. SKECHERS USA INC.

Introduction The dispute between Adidas and Skechers is a keynote example to depict the multifaceted perspectives regarding the impact, application, and importance of a Trademark in the business realm. A trademark is one which possesses the power to differentiate & attribute goods/services of a firm from the other players in the market whose registration is … Continue reading Adidas AMERICA INC. V. SKECHERS USA INC.

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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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Intermediaries And Their Liabilities: Analysis Of Christian Louboutin Vs Nakul Bajaj

Introduction The advent of e-commerce has revolutionized the way people shop and conduct business. With the ease of online transactions, e-commerce platforms have become an integral part of our daily lives. However, with the rise of e-commerce, trademark infringement issues have also arisen. In India, the e-commerce industry is booming, and the government has implemented … Continue reading Intermediaries And Their Liabilities: Analysis Of Christian Louboutin Vs Nakul Bajaj

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Case analysis: Akash Aggarwal vs Flipkart Internet Private Limited and Ors. CS (COMM) 492/2022

Introduction: Facts Of The Case The Delhi High Court declared that the e-commerce platform Flipkart’s provision allowing 3rd party merchants to grab on to a more popular brand’s name amounts to passing off. In the current case the suit had been filed by the plaintiff Mr. Akash Aggarwal for seeking permanent and mandatory injunction for copyright infringement … Continue reading Case analysis: Akash Aggarwal vs Flipkart Internet Private Limited and Ors. CS (COMM) 492/2022

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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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