Passing off | Intellepedia

Trademark Violations in Comparative Advertising

This post explores the legal aspects of trademark violations in comparative advertising in India. It discusses statutory boundaries, the importance of honest practices, and the risks of defamation or infringement.

Publicity Rights in India (Part I)

This post provides an analytical overview of publicity rights in India, focusing on celebrity protection from unauthorized commercial use. It discusses legal boundaries, enforcement mechanisms, and key judicial decisions.

D.M. Entertainment Pvt. Ltd. v. Baby Gift House and Ors.

The Delhi High Court’s decision in D.M. Entertainment v. Baby Gift House clarified the contours of the right of publicity in India. The case involved unauthorized commercial use of Daler Mehndi’s persona, resulting in findings of infringement, false endorsement, and passing off.

Doctrine of unclean hands- Now a defense in trademark infringement!

The Bombay High Court has introduced the doctrine of unclean hands as a defense in trademark infringement matters. If the plaintiff’s mark imitates another, relief may be denied. This ruling reshapes litigation strategies in Indian trademark law.

History and Evolution of the Trademark System

This article examines the historical roots and gradual evolution of the trademark system, from ancient identification marks to formal legal protection. It outlines the development of trademark law, with particular reference to British and Indian legislative milestones.

Could Exclusivity be Claimed Over the Word IMPERIAL for Alcohol?

The High Court of Delhi examined whether exclusivity can be claimed over the term IMPERIAL for alcoholic beverages. The judgment clarified that IMPERIAL is a descriptive and laudatory term, preventing proprietary rights for its use in alcohol trademarks.

Ranbaxy Laboratories Ltd. v. Dua Pharmaceuticals Pvt. Ltd., 1988 Arb. L. R. 315

The Delhi High Court’s ruling in Ranbaxy Laboratories Ltd. v. Dua Pharmaceuticals Pvt. Ltd. addresses key issues of trademark infringement and consumer confusion in pharmaceuticals. The case reinforces the legal standards for similarity and passing off in Indian trademark law.

Yahoo! Inc. v. Akash Arora and another, 1999 Arb. L. R. 620

This post analytically discusses the Yahoo trademark case, addressing the legal principles of passing off and domain name infringement in India. It provides a structured overview of the dispute between Yahoo Inc. and Akash Arora, highlighting the court’s reasoning and decision.

Sun Pharma’s big win against Cadila healthcare

The Madras High Court has granted Sun Pharma a permanent injunction against Cadila Healthcare over the VENIZ trademark, citing likelihood of confusion and infringement. The Court also ordered damages and profit accounting, underscoring the importance of trademark protection in the pharmaceutical sector.

The SplitView Squabble

The Delhi High Court’s ruling in Apple Inc. v. Rohit Singh & Another explores the nuances of passing off and trademark distinctiveness in software. The decision highlights the challenges faced by developers in protecting proprietary marks amid overlapping functional features.