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
Read more »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
Read more »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
Read more »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
Read more »Biggest Threat To Intellectual Property Rights trips agreement : Counterfeiting With Special Focus On Fashion Industry
IP rights trips agreement 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 … Continue reading Biggest Threat To Intellectual Property Rights trips agreement : Counterfeiting With Special Focus On Fashion Industry
Read more »A Brief Analysis Of The Case Of Shyam Steel Industries Ltd v. Shyam Sel and Power Ltd
Issue Is the use of the word “Shyam” by the defendant Shyam Sel and Power Ltd an infringement of the registered trademark “Shyam”of Shyam Steel Industries Ltd? Whether the defendant is passing off his merchandise by unlawfully exploiting the reputation of the plaintiff? Rule Trademark has been characterized as an imprint equipped for graphical representation … Continue reading A Brief Analysis Of The Case Of Shyam Steel Industries Ltd v. Shyam Sel and Power Ltd
Read more »Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting
Background The Bombay High Court has passed an order in Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr[1] imposing costs of INR 5 Crore to be paid by the defendants who were caught counterfeiting the Plaintiff’s mark and goods. In a global economy, counterfeiting activity is a challenge that impacts business … Continue reading Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting
Read more »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
Read more »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
Read more »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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