Trademarks | Intellepedia

Trademarking the name of God? Huh! – Part 2

This post examines key Indian court decisions on trademarking god’s names, analysing issues of distinctiveness and monopoly. The discussion highlights why courts have restricted exclusive rights over common religious names in trademark law.

Part I: Descriptive Marks – Can They be Protected?

This post discusses the eligibility of descriptive marks for trademark protection under Indian law. It explores statutory requirements and outlines the broader legal context, setting the stage for a comparative analysis with other jurisdictions.

Palani Panchamirtham Gets GI Tag, Chupa Chups Travels to Japan, Durian Trademark Infringement and Other News

The post summarises major trademark news from India, including statistical trends, the GI tag for Palani Panchamirtham, and a notable infringement case involving Durian Industries. It also covers international brand licensing developments and updates on celebrity trademark filings.

Idhayam Trademark Battle, PayPal Files Infringement against Lenmo, Bata Aims to Launch 500 Franchise Stores in India and Other News

This edition highlights significant trademark infringement cases, GI tag achievements, and brand licensing deals in India and abroad. Key stories include the Idhayam oil trademark battle, PayPal’s legal action against Lenmo, and Bata’s ambitious franchise expansion plans.

Part II: Descriptive Marks – Can They be Protected?

This post analyses how US trademark law treats descriptive marks, addressing their registration requirements and the concept of secondary meaning. It also covers the significance of the Principal and Supplemental Registers for such marks.

Beer versus Whiskey- Beer Wins 8PM battle

The Delhi High Court decided there was no trademark infringement or passing off in the 8pm case between Radico Khaitan and Carlsberg. The court found clear differences between beer and whiskey products, denying the plaintiff’s injunction claim.

Court Re-Emphasizes the Exclusion of Generic Terms from Registration

The Madras High Court reiterated that generic terms in trademarks cannot be monopolized and must be assessed as part of the whole mark. The Court set aside the IPAB’s order to remove Rhizome’s mark, clarifying the application of the Trade Marks Act in such disputes.

Exxon Mobil’s Trademark Win, Brazil Joins Madrid Protocol, Subway Surfers Surfs to India and Other News

This edition details Indian trademark statistics, Exxon Mobil’s legal win, Brazil’s entry to the Madrid Protocol, and Odisha Rasagola’s GI tag. It also offers updates on brand licensing and new franchises, highlighting developments in intellectual property and trademark law in India.

Pepsodent’s Attaaaack on Colgate Continues

The Delhi High Court declined Colgate’s request for an interim injunction against Pepsodent’s comparative advertisements. The Court analysed trademark, advertising, and competition law, clarifying the legal boundaries of comparative advertising in India.

Introduction to Well-Known Trademarks and Trademark Dilution

The post explores well-known trademarks and the different forms of trademark dilution under Indian and international law. It discusses statutory definitions, key criteria, and legal distinctions relevant to the protection of famous marks.