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.
Read more about Idhayam Trademark Battle, PayPal Files Infringement against Lenmo, Bata Aims to Launch 500 Franchise Stores in India and Other NewsCategory: Trademarks
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.
Read more about Part II: Descriptive Marks – Can They be Protected?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.
Read more about Beer versus Whiskey- Beer Wins 8PM battleCourt 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.
Read more about Court Re-Emphasizes the Exclusion of Generic Terms from RegistrationExxon 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.
Read more about Exxon Mobil’s Trademark Win, Brazil Joins Madrid Protocol, Subway Surfers Surfs to India and Other NewsPepsodent’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.
Read more about Pepsodent’s Attaaaack on Colgate ContinuesIntroduction 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.
Read more about Introduction to Well-Known Trademarks and Trademark DilutionGrounds for Refusal of Trademark Registration – Part III
Section 9(3) sets out absolute grounds for refusal of trademark registration concerning the shape of goods in India. This post analyses the legal barriers to registering shapes as trademarks, ensuring clarity on what is excluded and why.
Read more about Grounds for Refusal of Trademark Registration – Part IIICase Study – Trademark for Film Titles
This article examines the trademark protection of film titles in India, highlighting legal requirements and judicial precedents. It addresses the significance of secondary meaning and the impact of key court decisions on enforcing film title trademarks.
Read more about Case Study – Trademark for Film TitlesTrademark Registration process – Part II
This post examines the importance of trademark search and classification in the Indian registration process. It discusses how the Nice Classification is used and highlights the legal considerations before filing a trademark application.
Read more about Trademark Registration process – Part II