Colour As A Trade Dress In The Pharmaceutical Industry
Introduction The notion of trade dress is defined in Section 2(zb) of the Trademarks Act 1999, which defines a ‘trademark’ in broad terms, including shape, packaging, and color combinations, as long as they can be graphically depicted and identify goods or services. Colors and color combinations are important in distinguishing products on the market. A […]
Understanding Unconventional Trademarks (Part I)
Traditionally speaking we have for the longest time associated trademarks with words, logos, pictures, or combination thereof. But in recent times, this norm has been challenged by the introduction and growth of acceptance of unconventional trademarks. The unconventional trademark is a broad and inclusive term for all those marks that don’t fall in the conventional […]
IPL (Indian Premier League) And IPR (Intellectual Property Rights)
People of India see cricket not only as the most popular sport in India but also they follow it as a religion which accounts for such great success of IPL tournaments in India. There is a lot of money invested and involved in organizing IPL and the role played by IPR in making it a […]
Trade Mark Infringement-Toyoto Jidosha Kabushiki Kaisha. vs. M/S Prius Auto Industries Ltd. and Ors.
Time for Considering Territoriality Principle over Universality Principle Courts are gradually shifting their focus to territorial nature of Trade Marks. The same was also quite evident in the Exide case, that has been discussed in the previous blog (here). However, no conclusion was drawn in the case due to ‘out of court settlement’. But, the […]
Google AdWords Giving a Good Wallop to Trademark Law
Introduction In this era of globalization, we use Internet on a regular basis in our daily lives. People are continuously trying to gain more profits and for this they sometimes adopt illegal practices for promotion of their goods and services. These practices include unauthorized use of a registered name or mark owned by their competitor. […]
Meta-tagging vis-à-vis Trade Mark Misuse: An overview
Introduction: For most of our questions, we rely on the internet for answers. While the debate on the reliability of information received on the internet continues, an equally enthralling race of which website will be the first to grab a searching consumer’s attention has begun. With companies and organizations willing to pay a leg and […]
Cartier International AG and Ors. Vs. Gaurav Bhatia and Ors.
Citation: 226 (2016) DLT 662 Introduction As per a study conducted in 2016 by OECD (Organisation Economic Cooperation and Development) and the European Union’s Intellectual Property Office, India ranks amongst the top five exporters of counterfeit products. Inspite of the legislative authorities providing stringent anti-counterfeit laws that award both civil and criminal remedies to the […]
Trademark Infringements: The big problems faced by foreign brands in Nepal
The government of Nepal is notorious for policy and procedural time wasting as far as providing services to businesses is concerned. The same has resulted in problems for businesses and industries to continue operating in Nepal. Among the several problems faced by them trademarks infringement of reputed foreign brands and multinational brands has become a […]
Trade Mark Filing in Vietnam
Vietnam became a member of the TRIPS agreement on January 11th, 2007. Vietnam has a commendable intellectual property (IP) framework which includes several multilateral agreements and other relevant bilateral trade agreements. Having regard to the pace and growth of local and global economy, Vietnam enacted the Law on Intellectual Property Rights in 2005. The law […]
Trademark Law Bangladesh: An Abridgment
Bangladesh is a signatory to the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement under the World Trade Organization (WTO), which came into force in 1995. TRIPS aim at harmonizing the intellectual property laws with most of the world. Hence, all the signatories of the agreement have a uniform IP law subject to minor […]