Tag: Trademarks

Understanding Arbitrability Of Trademarks

INTRODUCTION In its judgement in M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco  Limited[1][2021], the Delhi High Court recently delved into the interpretation of Section 8 of the Arbitration and Conciliation Act, 1996, in regard to trademark disputes. Before delving into the topic of trademark-related arbitrability, it is important to evaluate the existing state … Continue reading Understanding Arbitrability Of Trademarks

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Protection of Geographical Indications in Vietnam

Introduction First established in 1995 through the system of appellations of origin brought by the French, the Vietnamese legal framework for the protection of GIs provides for a State-driven, top-down management of GIs that is supported by strong public policies. Indeed, beyond the strict legal scope, GIs have recently attracted an increasingly growing interest within … Continue reading Protection of Geographical Indications in Vietnam

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Golden Tobie Ltd. V. Golden Tobacco Ltd

In its judgement in M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited [2021], the Delhi High Court recently delved into the interpretation of Section 8 of the Arbitration and Conciliation Act, 1996, in regard to trademark disputes. Before delving into the topic of trademark-related arbitrability, it is important to evaluate the existing state … Continue reading Golden Tobie Ltd. V. Golden Tobacco Ltd

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Amendments of Vietnam’s Draft Intellectual Property Law

Vietnam passed its first Intellectual Property Law in its National Assembly in the year 2005. Since then, the law has been amended twice, in 2009 and 2019, to respond to the dynamic social and economic environment of the country. Recently, the Vietnamese government issued a draft 3rd Amendment to the IP Law. The amendment is … Continue reading Amendments of Vietnam’s Draft Intellectual Property Law

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The Utility of Metaverse Trademarks

When the pandemic forced billions of people indoors, it gave an impetus to those envisioning a metaverse. As the metaverse has grown in popularity, corporations have commenced filing fresh trademark applications for the virtual counterparts of products they already provide in the real world. This article discusses some recent instances of this observable trend, and … Continue reading The Utility of Metaverse Trademarks

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Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark

The right to sue for infringement of his mark is the most significant right conferred upon a registered proprietor by the Trade Marks Act, 1999 (Hereinafter, “TM Act”). However, can one registered proprietor claim the exclusive right to use a trademark against another proprietor who has obtained a registration for an identical or very similar … Continue reading Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark

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Havells v Panasonic : Delhi High Court on Composite Suits for Passing off and Design Infringement

Although both registered designs and trade dresses protect aesthetic features, they differ in their scope. While design protection is restricted to those visual elements that are explicitly included in the registration, the trade dress of a product refers to its overall look and feel, and the visual impact it has on consumers. Therefore, the trade … Continue reading Havells v Panasonic : Delhi High Court on Composite Suits for Passing off and Design Infringement

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Conceptualization And Expansion In The Jurisprudence Of Bad Faith In Trademark Law

The concept of Bad Faith involves the disputed party intentionally refusing to fulfil any legal or contractual obligation, or entering into a contract without intending or having the means to complete it. With regard to trademarks, registration of identical or deceptively similar marks can become problematic for the registered and prior users of the mark. … Continue reading Conceptualization And Expansion In The Jurisprudence Of Bad Faith In Trademark Law

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Sholay Trademark Infringement Case – The Need To Strengthen Trademark Protection For Cinematography

The legendary Amitabh Bacchan starrer “Sholay” is apparently one of the most popular and recognized movies of Bollywood. The instances and the characters of the movie have been engraved in public memory and have a wide fanbase. Over the years the movie has earned the status of being the most iconic film of all times. … Continue reading Sholay Trademark Infringement Case – The Need To Strengthen Trademark Protection For Cinematography

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Naked Licensing Of Trademarks: An Outlook Into The Legal Disposition Existent In India And The US

The term “licensing” entails a form of permission or sanction given by the owner to another party to use the property of the owner, provided the conditions imposed on the usage of the property is duly followed. The concept has seen its extension in the field of Intellectual Property Rights, especially in the practise of … Continue reading Naked Licensing Of Trademarks: An Outlook Into The Legal Disposition Existent In India And The US

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