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Impact of Brand Protection and Market Fairness: Lessons from the Girnar Case
Understanding Deceptive Similarity in Trademark Law This legal framework extends beyond being merely similar in appearance-it indeed encompasses only phonetic, structural or conceptual similarity that might potentially deceive an average consumer suffering from imperfect memory. This is the reasoning that finds courts consistently holding that in deceptive similarity cases, the test is one of probability … Continue reading Impact of Brand Protection and Market Fairness: Lessons from the Girnar Case
Read more »Beyond Earth: Unravelling the Intricacies of Intellectual Property Rights in Space Exploration
There is usually a right given over the ideas and creative works of an individual or organization which limits the use of such materials by others without the approver’s consent. Intellectual Property Rights (IPR) were put in place to assist and protect a creator in this case. There are various types of IPR which include … Continue reading Beyond Earth: Unravelling the Intricacies of Intellectual Property Rights in Space Exploration
Read more »Analysis of Legal Issues Related to Cybersquatting and Trademark in India
ABSTRACT In this paper, the Author highlights the concept of cybersquatting and its effects on the trademarks. Despite being a relatively recent phenomenon, cybersquatting poses serious risks to registered trademarks, especially in India, where no explicit regulation addresses the problem. The Author draws attention to the possible dangers this practice may pose in the future … Continue reading Analysis of Legal Issues Related to Cybersquatting and Trademark in India
Read more »LENOVO (Singapore) Pte. Ltd. v. RPD Workstations Pvt. Ltd. and An.: Case Analysis
Introduction In a judgment dated 03.12.2024, the Madras High Court has decided on the conflict arising out of similarities between a trademark of Lenovo, a global business leader in the technology industry, and RPD Workstations, a firm based out of Hyderabad. The issue arose when RPD Workstation’s ‘THINBOOK’ line of laptops was granted trademark status … Continue reading LENOVO (Singapore) Pte. Ltd. v. RPD Workstations Pvt. Ltd. and An.: Case Analysis
Read more »Separating Trademark Infringement and Passing off
Introduction Brands in today’s environment are no longer just slogans, they are encompassing identity that represents quality, reputation, and trustworthiness. Any brand company must be very keen in protecting these brands. Two key areas of the Intellectual Property law, that of trademark infringement and passing off, are involved in this protection. Although these two terms … Continue reading Separating Trademark Infringement and Passing off
Read more »Sipping on Legalities: Decoding the 2023 Madhya Pradesh High Court judgment in the Blenders Pride vs. London Pride Trademark Saga
INTRODUCTION Brand management and marketing are ever-evolving industries, which means there are bound to be challenges in the use of trademark elements, which turns into litigation battles. One such case that draws the attention of many is the matter of Pernod Ricard India Private Limited and Ors. Vs. Karanveer Singh Chhabra, more commonly known as … Continue reading Sipping on Legalities: Decoding the 2023 Madhya Pradesh High Court judgment in the Blenders Pride vs. London Pride Trademark Saga
Read more »The Analysis of Quasi-Judicial Functions and Appointments in India’s Patent and Trademark Offices
Introduction India’s Intellectual Property (IP) ecosystem faced many challenges in recent times because of technological advancements, new forms of inventions etc., one of the major challenges is the appointment of the employees in the Patent and Trademark Offices. These appointments are critical, as they affect the final grant of the intellectual property rights. The Indian … Continue reading The Analysis of Quasi-Judicial Functions and Appointments in India’s Patent and Trademark Offices
Read more »From Congratulatory Posts to Legal Action: How the Manu Bhaker Case Redefines Personality Rights
INTRODUCTION The recent controversy involving Indian Olympian shooter Manu Bhaker has reignited the debate over personality rights in India. After Bhaker secured two bronze medals at the Paris 2024 Olympics, several brands, including Bajaj Foods, LIC, and FIITJEE, used her images without her consent in congratulatory posts on social media. These posts, while seemingly celebratory, … Continue reading From Congratulatory Posts to Legal Action: How the Manu Bhaker Case Redefines Personality Rights
Read more »Luckin Coffee’s Trade Mark Battle in Thailand: A Cautionary Tale For International Business Expansion
Introduction In the ever changing environment of global business, trademarks become crucial assets to any organization as they help in identifying it in the market. Still, even such giants of the market can turn into participants of legal battles over the use of trademarks. An example that can still be seen today is the trademark … Continue reading Luckin Coffee’s Trade Mark Battle in Thailand: A Cautionary Tale For International Business Expansion
Read more »Trademark Infringement by NFTs: International Scenario
BACKGROUND AND CONTEXT An analysis of the opportunities offered by the use of NFTs (“Non-fungible Tokens”) illustrates that such use may be considered a trademark infringement. This was recently clarified by the IP Chamber of the Court of Rome (Tribunale di Roma, decision n. 37165/2022 dell’11 luglio 2022). 32072/2022).[i] An analysis of the opportunities offered … Continue reading Trademark Infringement by NFTs: International Scenario
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