Ever since the advent of the Domain Name System, the entire world has experienced a radical metamorphosis that has brought about a revolution in the way we communicate and connect. Domain names have dramatically expanded the reach of businesses and…
Gajendra Khichi, an intern at Khurana and Khurana talks about the case of non-use of the trademark. Through this post, he gives special emphasis on the case of M/s. Lowenbrau Buttenheim vs. M/s. Lowenbrau Munchen, which created quite a stir…
Trade Mark Parody is a defense to Trade Mark infringement. There should be no likelihood of confusion between the original host work and the parody work, as the parody will not be taken in a serious manner. It must be…
Mrinal Gour, an intern at Khurana and Khurana Advocates and IP Attorneys, analyses the case, Carlsberg India Pvt. Ltd vs Radico Khaitan Ltd. This was a landmark judgment with respect to registering a numeral as a trademark. Sections involved: Section…
The original role of having a domain name was to provide an internet address for computers. With the increasing rate of commercial activities on the web, a domain name is now seen as a way of identifying the business of…
Brands are the biggest source of marketing. A company protects its brands by Trade Marks since they are often the main identity of their business or their key products. If the ownership of the Trade Mark is disputed, it can…
India is the home to the science of Ayurveda. Recently, the question of whether ‘Ayur’ could be monopolized as a trademark was sought to be answered in an order passed by the Intellectual Property Appellate Board. Alex Hotels and Resorts,…
David Elliot, from Arizona, owned 750 websites with domains like ‘googlegaycruises.com’ and ‘googledonaldtrump.com’ among many others. His argument was that he needed to use the word ‘google’ because he was developing an internet-based business that will promote charity, commerce, community,…
There are often cases that we undertake for representation, wherein the cases relate to enforcement of trademarks by/of mid-sized foreign corporations that have not been filed and/or used in India against Indian companies that have deceptively used their marks thereby…
Is using and/or commercializing a registered Trade Mark really necessary in India or is simply sitting over it and renewing the same periodically enough to maintain the mark and gain from the protection it accords. Poorva Khandekar, an intern at…