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Acquired distinctiveness Tag

BananaIP Counsels > Posts tagged "Acquired distinctiveness"

‘Acquired Distinctiveness’ of Infosys Trademark

The featured image is of TM which is the abbreviation for Trademark. the post is aboutthe new trademark rules, 2017. To read more click here.

This post was first published on 18th November, 2011. Infosys Technologies Ltd vs Adinath Infosys Pvt. Ltd & Ors, High Court of Delhi  Facts: The plaintiff-company Infosys Technologies Private Limited is engaged in the business of providing IT services, solutions, consulting and business process management. INFOSYS is the registered trademark/service mark of the plaintiff-company in various Classes including Class 16 in respect of computer software. The Plaintiffs have strongly contended that owing to their excellent services offered by them, continuous, extensive and substantial use, the mark INFOSYS has acquired distinctiveness. The plaintiff contends that use of the mark INFOSYS implies that the goods/services...

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‘Coca Cola’ Tastes the Feeling of ‘Zero’

The featured image shows the top view of the cap of a coca cola bottle. The post is about the registration of "zero" as a trademark by Coca Cola. To know more, please click here.

After thirteen years of long battle, Coca-Cola Company has finally  been granted registration for the trademark “zero’’ for its zero-calorie drinks, namely Coca-Cola Zero, Sprite Zero and Powerade Zero by the US trademark authorities. The company had been trying to register the trademark “zero” in US since 2003. However, Dr Pepper who sells a diet soda, called Diet Rite Pure Zero, challenged this effort by Coca-Cola in the year 2007 for registration of the word “zero”.  Dr.Pepper argued that “zero” is a generic term which is used frequently by beverage firms for drinks which contain no calories. He also further argued...

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Pidilite Industries vs. Vilas Nemichand Jain.

Trademark Infringement

This post discusses a recent case update with regard to prior use of a descriptive trademark. The case presents an interesting aspect of trademark law, i.e., when claiming for passing off action of a descriptive trademark, the Plaintiff must provide convincing evidence to establish the prior use and the secondary meaning which has been acquired for the trademark. The case described herein was filed on 26th July 2010 before the High Court of Bombay, by two companies namely, Pidilite Industries Limited and Hardcastle & Waud Manufacturing Co. Ltd against the defendant, Vilas Nemichand Jain. The plaintiffs instituted an action against the...

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