Usage of a registered trademark as keywords in the Google Ads Program would amount to trademark infringement?
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 on the Google Ads Program will amount to trademark infringement or passing off. Justice Pratibha […]
Trademark Genericide : A Paradoxical Conundrum
Trademark law in India is governed under the Trademarks Act, 1999. The Act aims to provide for registration, protection and prevention of fraudulent use of trademarks for goods and services. According to section 2(zb) of the Act, a trademark is a mark capable of being “represented graphically”. It includes logo, slogan, shape of goods, their […]
Movies and Books Title : A Conflict between Trademark and Copyright?
Some of the most popular pastimes amongst people are reading books and watching movies. These were the two activities that people usually engaged in, particularly during the lockdown period. The number of subscribers of OTT platforms such as Netflix, Amazon prime, etc. saw a sharp increase during this period. As there are such a high […]
Sri Lanka Acceded to the Madrid Protocol
Sri Lanka, in 2017, made significant policy decisions through concerted discussions on the importance of “value-added” products to enhance the revenue through exports in Sri Lanka. ‘Branding’ is one of the major value additions but has not received its due recognition and importance. Protecting the brands implies registering the requisite trademarks. Trademarks provide the required […]
Trademark Objections Reasons And Response
Filing for a trademark can be a tedious process and if not done in a proper manner, it can lead to several objections to the application. A Trademark Officer is the one who can object to the trademark application. After receiving the application for Trademark registration, a Trademark Officer can raise objections due to several […]
The Delhi High Court has ordered the controller general of patents designs and trade marks | Extension Of Time For Filing Opposition Of Trademark Advertised During Pandemic (Covid-19): Directions Of Delhi High Court To Trademark Registry
During the period of the Covid-19 pandemic many oppositions were filed beyond the four months period of limitation and the same have also been entertained by the Controller General of Patents, Designs, and Trade Marks (CGPDTM). The Delhi High Court has ordered the Controller General of Patents, Designs, and Trade Marks (CGPDTM) to allow more […]
How to Sound Trade marks Register Explain With Examples
Introduction How to Sound Trade marks Register : In India, sound can be copyrighted as a succession of musical notes with or without words. Sound trademarks are widely popular in the United States, and knowledge of them is rapidly growing in India. In India, sound that is graphically represented by a succession of musical notes […]
Trademark Infringement In India’s Pharmaceutical Companies
Introduction Trademark Infringement In India’s pharmaceutical Companies is prospering, with tremendous expansion over the last few decades. The Indian government is working hard to promote this business by enacting and implementing laws that are in line with international norms. Intellectual property rights protection is becoming increasingly important for businesses as the market expands and industry […]
Customs Measures Against Sale Of Infringing Goods
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Willful Ignorance Cannot Be Considered As A Defense In An Infringement Suit
Luxottica Group is an Italian corporation having a registered office in Washington. The company is involved in the business of Luxury eyewear manufacturers and is holding registered trademarks. The company brought a contributory trademark infringement action under the Lanham Act against Airport Mini Mall, which owned discount mall whose subtenants were selling counterfeit eyewear, mall’s […]