Trademark Infringement | Intellepedia

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.

Court Re-Emphasizes the Exclusion of Generic Terms from Registration

The Madras High Court reiterated that generic terms in trademarks cannot be monopolized and must be assessed as part of the whole mark. The Court set aside the IPAB’s order to remove Rhizome’s mark, clarifying the application of the Trade Marks Act in such disputes.

Introduction to Well-Known Trademarks and Trademark Dilution

The post explores well-known trademarks and the different forms of trademark dilution under Indian and international law. It discusses statutory definitions, key criteria, and legal distinctions relevant to the protection of famous marks.

Trans-border Reputation of Well Known Marks – Part IV

The post provides an analytical overview of transborder reputation for trademarks in India, discussing legal requirements and court approaches. It highlights the evidentiary standards foreign entities must meet to establish reputation and enforce rights against Indian businesses.

Too much Success is Not Always Good: A Look at Genericization of Trademarks

The article explores how excessive success of a trademark can lead to its genericization, undermining its legal protection. It analyses Indian and international legal frameworks and provides notable examples to illustrate the risks for brand owners.

MUCOSOLVIN confusingly similar to MUCOSOLVAN

The Delhi High Court addressed the trademark dispute between MUCOSOLVIN and MUCOSOLVAN, focusing on their deceptive similarity and consumer confusion. The judgment provides key insights into trademark protection in the pharmaceutical sector.

What NOT to DO While Applying for a Trademark

Many businesses make critical mistakes while applying for trademarks in India, including neglecting due diligence and ignoring official objections. This post details what to avoid during the trademark registration process for effective legal protection.

Trademark Litigation: ‘Advantage’ of Settlement

Bayer and Cipla recently settled their trademark dispute over veterinary products, with Cipla agreeing to compensation and ceasing use of contested marks. This case illustrates how IP litigation often leads to settlement, especially in high-impact sectors.

Amazon in Trouble Over Prime, KFC to Franchise 61 More Outlets, Indori Poha Likely to Join GI Race and Other News

This bulletin details key trademark infringement cases, Indian trademark statistics, and KFC’s franchising activities. It also covers Indori Poha’s potential GI registration and recent brand licensing updates, providing clear legal analysis for IP stakeholders.

Max Healthcare Defeats Maxcure Hospitals in Trademark Infringement, New US Trademark Rules for Foreign Applicants, Kingfisher Resurfaces in New Zealand and Other News

The latest trademark news covers Max Healthcare’s legal win over Maxcure Hospitals for trademark infringement and new US rules for foreign applicants. Key updates also include Kingfisher’s licensing move in New Zealand and a GI application for Uttarakhand Thulma.