Tag: trademark

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

22nd February, 2023 - 9:44 am Categories: Legal Issues

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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Schneider Electric India Private Limited v. Millborn Switchgears Private Limited

22nd February, 2023 - 4:41 am Categories: Legal Issues Trademark

A Commercial Court in Bengaluru recently restrained Millborn Switchgears Private Limited from manufacturing, marketing, offering for sale and advertising any product under the trademarks “MU” and “MU-G” and under the registered design of Schneider Electric India Private Limited. The Additional City Civil and Sessions Judge (Commercial Disputes) passed an ex-parte injunction order in a commercial … Continue reading Schneider Electric India Private Limited v. Millborn Switchgears Private Limited

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Case Summary On Vardhman Properties Ltd V. M/S Vardhman Developers

21st February, 2023 - 6:44 am Categories: Legal Issues

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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Protection Of Domain Name And Related Disputes

20th February, 2023 - 6:26 am Categories: Trademark

Introduction The domain name, like any other source identifier in trademark law, can be used as a sign of a company’s goodwill. In the world of e-commerce, a company’s domain name selection can be a crucial marketing tool, if not the most crucial component of its online presence. Users frequently attempt to predict a company’s … Continue reading Protection Of Domain Name And Related Disputes

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Ruling Of Karnataka High Court Deciding The Conundrum Of “Yezdi” Trademark Ownership

8th February, 2023 - 6:05 am Categories: Trademark

Introduction The term “Yezdi” has earned a lot of goodwill as pioneers of an indomitable symbol of the motorcycle industry since the 1960’s. Through various incidental graphs of globalization and commercialization the “Yezdi” trademark has pounced around with its ownership status. Initially belonging to the Ideal Jawa (India) Ltd, this is currently under liquidation and … Continue reading Ruling Of Karnataka High Court Deciding The Conundrum Of “Yezdi” Trademark Ownership

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Trademark : Principle Of Territoriality In The Virtual World

27th January, 2023 - 6:32 am Categories: Trademark

Introduction The increased competition among traders and trading companies in the world of commerce led to the development of the trademark concept. A trademark helps differentiate one product or company from another, making it easier for a customer to identify that product or company. The blog focuses on the trademark system’s territoriality principle. The innovations … Continue reading Trademark : Principle Of Territoriality In The Virtual World

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Invisible use of Trademark as Meta-tag: A case for Infringement under sec 29 of Trademark Act

24th January, 2023 - 7:55 am Categories: Trademark

Introduction In India, section 29 of the Trademark Act (hereinafter, the act) outlines what constitutes a registered trade mark infringement. According to Section 29(4)(c) of the act, anyone who uses a registered trade mark in the course of business without being the registered proprietor or using the mark in accordance with a permit, and who … Continue reading Invisible use of Trademark as Meta-tag: A case for Infringement under sec 29 of Trademark Act

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Khadi and Village Industries Commission Suit

23rd January, 2023 - 7:02 am Categories: Intellectual Property Khadi Industries Trademark

Introduction A recognisable phrase, word, emblem, or symbol that identifies a particular product and legally distinguishes it from all other products of its sort is referred to as a trademark. A trademark recognises the company’s ownership of the brand and solely distinguishes a product as being its own. Generally speaking, trademarks are regarded as a … Continue reading Khadi and Village Industries Commission Suit

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Trademarking Times

18th January, 2023 - 7:39 am Categories: Trademark

Background The plaintiff, TRIUMPHANT INSTITUTE OF MANAGEMENT EDUCATION, has adopted the trademark, i.e. T.I.M.E., an acronym derived from the name of the Company after the suit with TIME Inc., an educational institute in the USA, in 2003. In the suit, the plaintiff has settled the suit by agreeing not to use the word ‘TIME’ and … Continue reading Trademarking Times

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Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors

14th January, 2023 - 6:39 am Categories: Copyright Infringement Trademark

Introduction “While one person may build a home, another knit a sweater so also may a third create a valuable personality, all three must be recognised by the law as ‘property’ protected against trespass and theft.”[1] A person laboriously constructs a celebrity persona through a combination of intellectual, emotional and physical efforts. The good-will and … Continue reading Personality rights – An Examination of Amitabh Bachchan v. Rajat Nagi and Ors

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