In the vast field of intellectual property, few ideas strike a balance between private rights and public freedom as gracefully as the doctrine of Fair Use. It serves as a reminder that trademark law, though designed to protect the reputation…
The Delhi High Court's through its recent landmark judgment Anshul Vaish v. Hari Om analysed the themes of trademark law pertaining to trademark rectification, deceptive similarity, linguistic deception and the principle of prior use. The dispute centered around the competing…
Artificial intelligence has a wide range of effects, including on intellectual property law. At best it leads to revolution, but at least it leads to survival. Concerning AI trademarks, you are faced with difficult and intricate moral and legal dilemmas.…
A trademark is a graphical representation of a brand’s identity; it acts as a source identifier that distinguishes one trader's goods or services from another's. In the online world, domain names often embody trademarks. They act as identifiers, enabling consumers…
TRADEMARK A trademark is something that we encounter on a regular basis. It is the name given to a product or service. It is an indication of a trade organization's or company's quality and goodwill. A trademark allows a buyer…
A trademark’s degree of registrability or its ability to sustain a suit or enforce a suit hinges upon the nature of the mark. Marks can range from being generic, descriptive, and suggestive to arbitrary and fanciful thereby shaping the strength…
Introduction A mark is similar to another trademark when it resembles it visually or phonetically or structurally etc. When comparing two similar trademarks, it is important to compare them in their entirety. One must assess the similarity between two marks…
Introduction Emergency use products such as inhalers also possess an inherent "stickiness" factor, as patients are unlikely to switch to a different brand easily once they have grown accustomed to using a specific inhaler, especially in urgent situations. For example,…
Trademark; Meaning and need of laws Trademark infringement is the unauthorized use of a trademark which is one of the various ways in which intellectual property rights are violated. In layman, language trademark is a sign that assists distinguish the…
Introduction Recently, The Delhi High Court issued an order granting an interim injunction in favor of Makemytrip (Plaintiff) in the case of MakeMyTrip India Private Limited vs Booking.com B.V. & Ors. The Court was analyzing whether the use of trademarks as keywords…