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distinctiveness Tag

BananaIP Counsels > Posts tagged "distinctiveness"

Why the Name BananaIP? Why Not?

Why the name BananaIP

"Are you the Bananas?" the client asked, laughing loudly when we entered. "Yes, we are," I said, laughing with her. Almost every one laughs when we introduce ourselves for the first time. "Hi, I am from BananaIP." "Where did you say you are from? Ha Ha Ha" They can't help laughing. One even went to the extent of proclaiming, "Who in the right frame of mind calls an IP firm Banana!" "Me," I said instantly, summoning all my energies to put up a poker face. Laughter again. They laugh, and keep laughing, but never forget. BananaIP is engraved in their memories forever. "Why did a person like you call...

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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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