6 articles
Can a dairy cooperative stop an incense-stick maker from using its own famous brand name? In the Nandini trademark case, the Madras High Court revives KMF's opposition, distinguishing…
In the case of Alder Biochem Private Limited v. Zydus Healthcare Limited & Ors., BIOCHEM had been part of the pharmaceutical market for several decades before Alder adopted…
In a recent decision, the Delhi High Court dismissed an appeal by Oswaal Books and Learnings Private Limited (“Oswaal Books”) challenging the refusal of their trademark application for…
This post analyses the Indian legal stance on descriptive marks under the Trademark Act, 1999. It explains the criteria for their protection, focusing on acquired distinctiveness and secondary…
This post discusses the circumstances under which descriptive trademarks can be protected in the EU, focusing on acquired distinctiveness and fair use provisions. It provides an analytical comparison…
The Delhi High Court recognised acquired distinctiveness in the INFOSYS trademark, restraining the defendant from using the mark in its business name. The case highlights the need for…