The legal tussle between Nestle and Cadbury over the KitKat shape trademark underscores the significance of product identity in the chocolate industry. This post explores the history, court…
Intellepedia · 21 May 2015
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…
Intellepedia · 8 May 2015
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…
Intellepedia · 24 Apr 2015
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…
Intellepedia · 24 Apr 2015
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…
Intellepedia · 9 Apr 2015
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…
Intellepedia · 7 Apr 2015
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…
Intellepedia · 11 Mar 2015
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…
Intellepedia · 18 Feb 2015
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…
Intellepedia · 14 Jan 2015
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…
Intellepedia · 10 Oct 2014