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Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction
Introduction As a settled proposition of law, ex-parte injunctions are granted by the court only in exceptional cases. In IPR matters, specifically in cases of trademark infringement, the plaintiff, out of several remedies, has the option of asking for an ex-parte injunction. While observing the principles on which the court may grant an ex-parte injunction … Continue reading Trademark Infringement Through Allied & Cognate Goods- Hon’ble Delhi High Court Grants Ex-Parte Ad-Interim Injunction
Read more »Tangible Fixation And Preclusion Of Emphemeral Art
Introduction Art is considered to be a gift to mankind, it has been there since the time immemorial with humans from Madhubani wall paintings of Mithila in 7th century BCE to graffiti of 21st century, art has developed its forms. It is believed that art embodies great influence on human life it is a form … Continue reading Tangible Fixation And Preclusion Of Emphemeral Art
Read more »Rajnigandha vs. Rajnipaan
Introduction This theory of initial interest confusion relies on luring the buyer toward the product in an effort to cause confusion among the general population. Before the customer even buys the product, there is already uncertainty due to two marks that are identical to each other and operate in the same market. As it has … Continue reading Rajnigandha vs. Rajnipaan
Read more »Deadwood Trademark
Introduction The purpose of a trademark is to identify a manufacturer or trader’s goods as their own so that he or she may later profit from the reputation for those items that may have been established by superior skill, diligence, and entrepreneurship. An authentic trademark assures the buyer of the origin and calibre of the … Continue reading Deadwood Trademark
Read more »Protection of Trademarks in China
Introduction Foreign companies entering the Chinese market need to familiarize themselves with its complex trademark regime, which both facilitates protections while also imposing certain unique limitations that brands must work around. China’s trademark regime follows a first-to-file system and so does not recognize international trademarks if they are not registered in the mainland. While China … Continue reading Protection of Trademarks in China
Read more »Protection of Geographical Indications in Singapore
Introduction Following the European Parliament’s consent for the European Union-Singapore Free Trade Agreement (EUSFTA), the Registry of Geographical Indications was launched by the Intellectual Property Office of Singapore to allow registration of geographical indications effective from 01 April 2019. [Image source:iSTOCK] Prior to this, trader or association of such producers or traders of any GI … Continue reading Protection of Geographical Indications in Singapore
Read more »Pose And Its Ip Laws
Introduction: Recently Usain Bolt moved to register his signature victory pose under US Trademark Law. Considering the pose to be a mark in today’s world as people get attracted to style when they are entertained and pose is one of its forms where the entertainment and sports industry use the different poses of celebrities for … Continue reading Pose And Its Ip Laws
Read more »Levi Strauss And Co. Vs. Imperial Online Services Private Limited And Ors. –A New Development In The Realm Of Unconventional Trademarks.
INTRODUCTION This case of Levi Strauss & Co. v. Imperial Online Services Pvt. Ltd. is bound to become a pivotal event in the realm of non-traditional trademark protection. The primary issue, in this case, was whether or not stitching patterns qualified for trademark protection under the Trade Marks Act, 1999. This suit was filed in … Continue reading Levi Strauss And Co. Vs. Imperial Online Services Private Limited And Ors. –A New Development In The Realm Of Unconventional Trademarks.
Read more »Reinforcing The Test of Deceptive Similarity Under Trademark Law- Cadbury Gems VS Jamesbond
Trademark is one of the intellectual property which can be created by any person with his labor and intellect. Basically, a trademark can be any word, phrase, symbol, design or a combination of all these things which helps to identify any goods or services. Whenever a goods or services is associated with any mark, it … Continue reading Reinforcing The Test of Deceptive Similarity Under Trademark Law- Cadbury Gems VS Jamesbond
Read more »Spotify vs Opstify
A Swedish audio streaming and media service provider founded in 2006 by Daniel Ek, Spotify opposed a mark proposed for registration by Opstify Corporation vide the opposition notice dated 13th July, 2021. The former is the world’s largest music streaming service provider with over 356 million monthly active users. According to Trademark Trial and Appeal … Continue reading Spotify vs Opstify
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