Tag: trademark

Non-Conventional Trademarks: A Legal Analysis

NATURE AND SCOPE OF NON-CONVENTIONAL TRADEMARKS The Non-Conventional marks are those marks which do not fall under the category of conventional marks such as marks including letters, numbers, logos, pictorial description, symbols, or those elements which consists of the combinations of such elements. The definition of Non-Conventional mark is illustrative and states that it includes … Continue reading Non-Conventional Trademarks: A Legal Analysis

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Simmba Vs Simba: A Trademark Tussle

Context Before the release date, Rohit Shetty’s much-appreciated film ‘Simmba’ got into trademark squabble with ‘Sona Beverages Co. Ltd’. In November, the makers of Simmba were slammed with the allegation of trademark infringement of a beverage company in Delhi High Court. Chhattisgarh-based Company named Sona Beverages Co. Ltd owned the trademark ‘SIMBA’ for selling a … Continue reading Simmba Vs Simba: A Trademark Tussle

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Criminal & Civil Prosecution for Copyright/Trademark Violation

If any brand’s product is genuine & original, then it enjoys a substantial amount of recognition in the eyes of its potential customer, therefore it is necessary to protect the commercial value of any product offered by such brands and the said protection is provided through Intellectual Property Rights associated with the product i.e. Trademark, … Continue reading Criminal & Civil Prosecution for Copyright/Trademark Violation

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Fluentgrid Limited Vs. Esyasoft Technologies Private Limited And Others

Fluentgrid Limited, Plaintiff, is a Indian company, which has been carrying out its business in India since the year 1998. It is engaged in providing information technology services through Smart Grid Products under its registered trademark, “mpower” and domain name www.fluentgrid.com, along with its website www.nxter.io, which is its cloud solution for energy retailers. The … Continue reading Fluentgrid Limited Vs. Esyasoft Technologies Private Limited And Others

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Law On Internet Memes

Internet users in India spend half their time on social media every day. It is one of the most efficient platforms for communication yet the most exploited one. One such famous platform would be Facebook, an online networking site that mostly everyone is aware of. Similarly, internet ‘meme’ is also ubiquitous It is defined as … Continue reading Law On Internet Memes

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Bigtree Entertainment Pvt. Ltd. vs. Brain Seed Sportainment Pvt. Ltd. & Anr

  “A brainy person does not abuse copyright; instead he respects it and upholds it.” – Maximillian Degenerez. Introduction With the rise in number of businesses using the global internet portal for running their businesses and with the increase in the number of start-ups in the current economic scenario, we come across many new issues that … Continue reading Bigtree Entertainment Pvt. Ltd. vs. Brain Seed Sportainment Pvt. Ltd. & Anr

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A Reminder for Online Retailers

Here’s one case that involves an online retailing businesses that is having a link with Trade mark Law – Jadebay Ltd and others v Clarke-Coles Ltd (t/a Feel Good UK) [2017] EWHC 1400 (IPEC). However, overlooking the customary practice of online retailing methods, the Intellectual Property Enterprise Court followed the theoretical root of the Trade … Continue reading A Reminder for Online Retailers

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Appointment of Chairman of the Intellectual Property Appellate Board

IPAB is one of the most important IP tribunals in the country and was established by the Central Government by notifying in the Official Gazette on 15.07.2003. IPAB is an administrative body that has appellate jurisdiction over the decisions of the Controller of Patents, Registrar under the Trade Marks Act, 1999, and the Geographical Indications. … Continue reading Appointment of Chairman of the Intellectual Property Appellate Board

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Trade Mark Infringement-Toyoto Jidosha Kabushiki Kaisha. vs. M/S Prius Auto Industries Ltd. and Ors.

Time for Considering Territoriality Principle over Universality Principle  Courts are gradually shifting their focus to territorial nature of Trade Marks. The same was also quite evident in the Exide case, that has been discussed in the previous blog (here). However, no conclusion was drawn in the case due to ‘out of court settlement’. But, the … Continue reading Trade Mark Infringement-Toyoto Jidosha Kabushiki Kaisha. vs. M/S Prius Auto Industries Ltd. and Ors.

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Exide Industries Limited vs. Exide Corporation, U.S.A. & Ors.

The case Exide India v Exide US brings into effect the perplexing issue of Trademark law. The dispute dates back to 1997 when the US based Company ‘Exide Technologies’ entered the Indian market post Liberalisation, where Indian company ‘Exide Industries’ was already present over the decades in the local market selling automobile batteries under the … Continue reading Exide Industries Limited vs. Exide Corporation, U.S.A. & Ors.

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