Passing off | Intellepedia

Latest Trademark Cases in 2022 – Part 1

This post summarises notable trademark cases decided in India in 2022, focusing on infringement, distinctiveness, and judicial interpretation of trademark law. It offers legal insights and recent updates relevant to Indian trademark practice.

Latest Trademark Cases in 2021 – Part 12

This post provides a detailed analysis of notable trademark cases adjudicated in India in 2021, focusing on judicial findings and legal implications. It explores the courts’ approach to infringement, passing off, and the extent of trademark protection across different product categories.

Beer versus Whiskey- Beer Wins 8PM battle

The Delhi High Court decided there was no trademark infringement or passing off in the 8pm case between Radico Khaitan and Carlsberg. The court found clear differences between beer and whiskey products, denying the plaintiff’s injunction claim.

Personality Rights in India – Part II

This post examines personality rights in India, particularly the protection of publicity rights and relevant legal provisions. It highlights key judicial decisions and discusses the exceptions for legitimate public interest and freedom of expression.

KYUNKI SAAS BHI KABHI BAHU THI Vs. TIDE- Rights in a Cinematographic Work

The Bombay High Court in Star India v Leo Burnett analysed copyright infringement and passing off claims regarding a popular TV serial and a detergent commercial. The Court found no infringement or passing off, emphasizing the independent creation of the commercial and the absence of character merchandising.

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.