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Recent Developments & Principles governing Well-known Trademarks

Have you ever wondered why well-known trademarks are given or accorded a wider protection? To answer that, you may read our previous post on  'An insight into Well-known Trademark'. Now, lets look at the Recent Developments in the Well-known trademark regime and what are the principles that govern them with the help of cases. Recent Developments Prior to the Trademark Rules 2017, the requirement for getting a trade mark declared as a well-known one was only by way of legal proceedings…
November 16, 2021 Intellectual Property, Trademarks 0Comment 2338Views 1Like
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Trademark Infringement

Pidilite Industries vs. Vilas Nemichand Jain.

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…
November 24, 2015 Intellectual Property, Trademarks 0Comment 740Views 0Like
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Trademark Infringement

The Indian Express case

  In October this year, the Bombay High Court passed its decision in the case between The Indian Express Limited and Chandran Prakash Shivhare, the publisher and distributor of a journal called "Indian Express" filed before the Bombay High Court in the year 2010, to seek an injunction against the Defendant, and to restrain them from using  the title ‘Indian Express’. The crux of this case was whether a registered trademark could be infringed by the use of the identical mark which had…
November 24, 2015 Intellectual Property, Trademarks 0Comment 796Views 0Like
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