Trademarks | Intellepedia

Phonetic Justice for Trademark

The article discusses the legal importance of phonetic similarity in trademark disputes, focusing on decisions from both the European Union and Indian courts. It examines statutory provisions and recent case law to illustrate how phonetic resemblance can result in trademark registration being denied to prevent consumer confusion.

Case Review: Hypnos Ltd. v. PEPS Industries Pvt. Ltd. & Ors

The IPAB’s decision in Hypnos Ltd. v. PEPS Industries addresses the requirements for proving trans-border reputation and well-known status in Indian trademark disputes. The Board’s approach highlights the importance of local use and robust evidence in rectification proceedings.

PEPS victorious in Trademark Battle against UK bed manufacturer

Peps successfully defended its ‘HYPNOS’ trademark against a UK manufacturer’s rectification suit, with the Appellate Board recognising its established Indian reputation. This case highlights the significance of diligent IP management for Indian companies.

Role of Intellectual Property in Promoting Creativity

This article critically analyses whether intellectual property laws truly foster creativity, focusing on inventor motivations and patent incentives in India. It discusses empirical findings and contrasts financial rewards with non-monetary incentives within the current IP regime.

Existing Trademark blocks Apple Watch sale in Switzerland

Apple cannot launch the Apple Watch in Switzerland due to a prior trademark owned by Leonard, covering both the name and logo. This restriction highlights the legal challenges of international intellectual property enforcement.

Case Brief: Shamnad Basheer v. Union of India & Others

This case brief examines the Madras High Court decision in Shamnad Basheer v. Union of India regarding the constitutionality of IPAB appointments. The judgment highlights the importance of judicial independence and proper selection criteria for tribunal members under Indian law.

E-commerce Retailers face flak over alleged Counterfeits by Vendors

Indian e-commerce retailers are facing increasing scrutiny over the sale of counterfeit goods by vendors, leading to significant legal challenges. The post analyses recent court cases and the proactive steps taken by leading platforms to protect intellectual property rights in India.

Weekly IP Warm-UP!

Weekly IP Warm-UP covers notable intellectual property law updates, including copyright and patent litigation, music industry developments, and trade secrets cases. The post analyses recent legal changes and court decisions with clarity and factual accuracy.

Understanding the Doctrine of Foreign Equivalents – Part 1

This post examines the doctrine of foreign equivalents in trademark law, focusing on its use in assessing confusion and descriptiveness of foreign word marks. The analysis covers legal standards, key cases, and the doctrine’s practical limitations.

Grounds for Refusal of Trademark Registration – Part II

This post discusses Section 9(2) of the Trade Marks Act, 1999, examining key grounds for refusing trademark registration in India. It covers deception, religious susceptibilities, obscenity, and legal prohibitions in trademark law.