Cost of Registering a Trademark in Southeast Asia
Trademark is a recognizable emblem, symbol, or phrase that is used to refer to denote a certain product or service. This trademark helps differentiate similar products or services offered by other companies or organizations. It basically acts as a recognition mark that the product or service belongs to a specific company. ASEAN stands for Association […]
Too General To Be Trademark-Able: A “Cocky” Debate
There have been a plethora of cases in India and abroad that discuss the menace caused due to the monopolization of general English terms in course of business. The argument given by the proprietors is that to get a trademark over a name, it is important that the name is arbitrary and it does not […]
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 […]
Online Disputes and Forum Jurisdiction
The Delhi high court on 3rd January, 2018 in Impresario Entertainment & Hospitality Pvt. Ltd. vs S&D Hospitality[1], took a different view with respect to the Internet jurisdiction[2]. In the above case, plaintiff sought permanent injunction against the defendants who was running a restaurant at Hyderabad, under the impugned trademarks ‘SOCIAL’ and ‘STONE WATER’ and its services […]
A Reminder for Online Retailers
Here’s one case that involves an online retailing businesses that is having a link with Trade mark Law – Jadebay Ltd and others v Clarke-Coles Ltd (t/a Feel Good UK) [2017] EWHC 1400 (IPEC). However, overlooking the customary practice of online retailing methods, the Intellectual Property Enterprise Court followed the theoretical root of the Trade […]
Appointment of Chairman of the Intellectual Property Appellate Board
IPAB is one of the most important IP tribunals in the country and was established by the Central Government by notifying in the Official Gazette on 15.07.2003. IPAB is an administrative body that has appellate jurisdiction over the decisions of the Controller of Patents, Registrar under the Trade Marks Act, 1999, and the Geographical Indications. […]
Louboutin’s ‘Red Sole’ Declared as a Well-Known Trademark by Delhi HC
The news of famous French fashion designer Christian Louboutin’s ‘red sole’ shoes with their sky heel stiletto and iconic red sole often regarded as the fashion statement has recently been in the limelight for being declared as a well-known trademark by Justice Mukta Gupta, Delhi High Court, but very few know the story behind the […]
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 […]
Exide Industries Limited vs. Exide Corporation, U.S.A. & Ors.
The case Exide India v Exide US brings into effect the perplexing issue of Trade Mark law. The dispute dates back to 1997 when the US-based Company ‘Exide Technologies’ entered the Indian market post Liberalisation, where Indian company ‘Exide Industries’ was already present over the decades in the local market selling automobile batteries under the […]
The Question of Internet Jurisdiction
With the explosion of Internet and domain names, various disputes have occurred relating to many cyber-crimes and infringement of Trademark laws over domain names[1], and in order to seek justice before the Court of Law, dispute regarding jurisdiction arise owing to Internet having a multi-jurisdictional character. The issue of jurisdiction has been the most debated and has […]