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…
Trademarks
806 articles
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…
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…
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…
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…
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…
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…
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…
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…
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…