Tag: trademark

Important Note On Recent Notifications Issued By Various IP Offices Of India In View Of Covid-19 Outbreak

Various Intellectual Property Offices of India recently issued certain notifications in view of the coronavirus disease (COVID 19) outbreak in India. The notifications were issued between March 13, 2020 and March 19, 2020 primarily adjourning hearing and other proceedings originally scheduled till March 31, 2020. Provided herein below is a short summary of the developments … Continue reading Important Note On Recent Notifications Issued By Various IP Offices Of India In View Of Covid-19 Outbreak

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Intercity Hotel GMBH v. Hotel Intercity Delhi and Others

2019 SCC OnLine Del 7644 PARTIES The Plaintiff; Intercity Hotel GMBH is in the business of providing temporary accommodations with food and drinks. The Defendant Hotel Intercity Delhi is also in the business of providing temporary accommodation with food and drinks and is operating a hotel in Karol Bagh. BRIEF FACTS Plaintiff’s trademark INTERCITYHOTEL is … Continue reading Intercity Hotel GMBH v. Hotel Intercity Delhi and Others

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Crocs Inc. v. Bata India Ltd. and Others

2019 SCC  OnLine Del 6808 PARTIES The Appellate is Crocs Inc; The Respondents are, inter alia, Bata  India Ltd.,  Liberty  Shoes Ltd., Action     Shoes    Pvt.     Ltd.,     Aqualite     India    Ltd.,     Bioworld Merchandising India Ltd., Relaxo Footware Ltd., and Kidz Palace. BRIEF FACTS The Plaintiff was unsuccessful in a suit filed for design infringement as the designs … Continue reading Crocs Inc. v. Bata India Ltd. and Others

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M/S Khushi Ram Behari Lalvs M/S Jaswant Singh Balwant Singh

(2019)  258 DLT (CN  14)  14 PARTIES The Petitioner is  a  partnership   firm   trading as  M/S   Khushi  Ram Behari  Lal (Export  Division)  established in the year 1978 carrying on the business of processing, marketing and exporting of rice since 1978. They own the trademark  ‘TRAIN BRAND  WITH  DEVICE OF  TRAIN’ in relation to said goods and … Continue reading M/S Khushi Ram Behari Lalvs M/S Jaswant Singh Balwant Singh

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The Multidimensional Question Of 3 Dimensional Trademarks

Introduction The product market today is highly competitive. If a brand does not constantly evolve itself, it is at the danger of failing to satisfy its customers. To keep reinventing itself, it must ensure protection to the assets that bring value to the company. For this reason, it is important to give recognition to non-conventional … Continue reading The Multidimensional Question Of 3 Dimensional Trademarks

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Protection of Well-Known Marks: WIPO Joint Recommendation

“What’s in a name? That which we call a rose by any other name would smell as sweet”- Shakespeare In many countries, getting trademark registered is the only apparatus to obtain statutory rights. As an essential element to registration, some countries requires the owner of the trademark to use or make evident its intent to … Continue reading Protection of Well-Known Marks: WIPO Joint Recommendation

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Similar Trademark Issued For Different Items Does Not Amount To Breach Of Law

The long pending question in the field of Intellectual Property Rights, with respect to the Tademarks, was finally answered by the Supreme Court, when it ruled, in the case of Nandhini Deluxe v. Karnataka Co-Operative Milk Producers Federation Ltd.[1], that no law is violated or breached, if the two companies, with two different products, use … Continue reading Similar Trademark Issued For Different Items Does Not Amount To Breach Of Law

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Foreign Trademark Applicants to be represented by U.S. licensed Attorneys

A new rule has been announced by the United States Patent and Trademark Office (USPTO) requiring that any foreigner who applies for trademark registration or appears before a Trademark Trial and Appeal Board in the United States can only be represented by a lawyer who is licensed to practice in the United States. This rule … Continue reading Foreign Trademark Applicants to be represented by U.S. licensed Attorneys

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Shoe Branding Europe V. Adidas: Case History

Introduction of  Companies involved in the dispute  Shoe Branding Europe BVBA is a Belgian footwear company and wants to register it’s 2 stripe logo as a trademark. Adidas has its roots in Germany but now it’s a global company dealing in Sportswear. Adidas has a 3 stripes logo to differentiate its product from other products … Continue reading Shoe Branding Europe V. Adidas: Case History

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Biggest Threat To Intellectual Property: Counterfeiting With Special Focus On Fashion Industry

IP rights are proprietary rights granted to protect original products of creation. They are intended to encourage and reward creativity and fair competition in the marketplace. IP rights can be relied upon to prevent others from using one’s trademark, patented invention, copyright work, or design without consent. IP is territorial in nature and exists for … Continue reading Biggest Threat To Intellectual Property: Counterfeiting With Special Focus On Fashion Industry

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