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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
Read more »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
Read more »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
Read more »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
Read more »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
Read more »UAE’s Accession to the Madrid Protocol
A trademark can be any word, phrase, symbol, design or a combination of these factors that identifies an organization’s goods or services. The trademark exclusively identifies a particular product and adjoins the recognition to a particular brand or company. A trademark simply differentiates one company from the other. Trademark registration is a process of ensuring … Continue reading UAE’s Accession to the Madrid Protocol
Read more »The New Trademark Law In United Arab Emirates – UAE
Evolution Of The New Trademark law In United Arab Emirates (UAE) , Just like humans evolve over time with respect to the evolving demands and needs of the society, similarly, Laws also require evolution with respect to the changing environment and needs of the society. Laws that do not evolve with time, fail to provide … Continue reading The New Trademark Law In United Arab Emirates – UAE
Read more »Olfactory mark is one such non-conventional trademark In India : A Legal Enigma
INTRODUCTION An olfactory mark is one such non-conventional trademark. The field of Intellectual Property has grown significantly over time, particularly in the field of trademarks, as it has recently undergone a lot of development. However, as technology and commodities evolve, certain kinds of non-conventional trademarks emerge in the market that are left outside the scope … Continue reading Olfactory mark is one such non-conventional trademark In India : A Legal Enigma
Read more »An Overview on the Concept of Dilution of Trademarks
An overview on trademarks, their significance, and registration Trademarks play a crucial role in reflecting the quality of a product or service. Moreover, it provides a sense of individuality to the brand by differentiating its products and services from other competitors in a particular domain. Trademarks are a valuable asset to a company or a … Continue reading An Overview on the Concept of Dilution of Trademarks
Read more »Can A Single Colour Acquire Protection?
In 2015, Hitachi filed an application for a colour mark registration with JPO consisting of a single colour – an unassuming orange – over its hydraulic excavators. Hitachi holds a 20% market share of hydraulic excavators since the past forty years in Japan. A questionnaire-survey showed that approximately 96% of traders in the construction industry … Continue reading Can A Single Colour Acquire Protection?
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