well-known marks | Intellepedia

Let’s see who gets the ‘Zee’! Prem Biyani vs Zee Entertainment

The Madras High Court remanded a trademark dispute involving Prem Biyani and Zee Entertainment, focusing on class distinctions and the status of well-known marks. The judgment highlights the need for careful, statutory evaluation of trademark applications across different classes.

Snack Wars: Haldiram’s Battle for Brand Supremacy

This post explores Haldiram’s successful legal action against trademark infringement, resulting in permanent injunctions and damages. It discusses the judicial recognition of Haldiram as a well-known mark, reflecting broader implications for brand protection in India.

Well-known mark not a pre-requisite for grant of relief against infringement

This post discusses a Delhi High Court decision on trademark infringement involving the mark “PEBBLE” used by V Guard and Crompton. The Court held that a well-known mark is not necessary for relief under Section 29(4) if reputation in India is proven.

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.

Who Owns the Castle?

The Delhi High Court addressed a trademark passing off dispute over the CASTLE mark in the beer industry. The court granted an injunction to the plaintiffs, preventing the defendants from using the marks CASTLE and OLDCASTLE, emphasising the importance of protection against misrepresentation.

Trademark Rules 2017

The Trademark Rules, 2017 introduce higher fees, simplified procedures, and incentives for online filing and start-ups in India. New provisions cover expedited processing, well-known marks, and virtual hearings, aiming for efficient and transparent trademark registration.