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Trademark Infringement & Their Defenses in India
Introduction The Trademarks Act, 1999 is the legislation that protects trademarks in India. The Act lays down the principles handling registration, protection and penalties against infringement of trademarks. Trademarks are given the status of intellectual property over the globe. There are numerous worldwide & national organizations which try to protect trademark as an intellectual property. … Continue reading Trademark Infringement & Their Defenses in India
Read more »The Practice of “Defendant Masking”: A Mistake or A Strategy?
Introduction As we all know that “Masks” are conveniently used for hiding the real identity of a person, similar is the practice of “Defendant Masking.” As the name suggests, the practice of ‘defendant masking’ is a strategy used by the plaintiffs in IPR suits to avoid detection of matter in the cause list by masking … Continue reading The Practice of “Defendant Masking”: A Mistake or A Strategy?
Read more »Trademark Infringement: Officer’s Choice Vs. Fauji
About Officer’s Choice Officer’s Choice commonly known as ‘OC’, is an Indian whisky brand which is owned by Allied Blenders & Distillers (ABD). It is considered to be one of the largest spirit brands in the world. In 2015 Officer’s Choice overtook Smirnoff vodka to become the world’s largest selling spirit brand. In the year … Continue reading Trademark Infringement: Officer’s Choice Vs. Fauji
Read more »A Win Over The Battle Of Trademark Infringement By Registered Mark Dealing Under A Different Class
The Delhi High Court in the matter of L’AIR Liquid Societe Anonyme Pour I Etude Et I Exploitation Des proceeded Georges Claude And Anr. v. M/S Liquid AIR & Ors. reaffirmed that even if a registered trademark is used as a business name or trading style, it will constitute infringement under section 29(5) of the … Continue reading A Win Over The Battle Of Trademark Infringement By Registered Mark Dealing Under A Different Class
Read more »Belly Fireman! Rescued by Delhi High Court
In the recent decision of Delhi High Court in the case of Reckitt Benckiser(India) Ltd v Dabur India Ltd, the Hon’ble court decided on the issue of deceptive similarity between the television advertisement of Pudin Hara lemon fizz drink and Gaviscon Facts of the case: The plaintiff is a member of Reckitt Benckiser Group PLC … Continue reading Belly Fireman! Rescued by Delhi High Court
Read more »High Court grants interim injunction against online retailer from using L’oreal Trademark
Recently, Delhi High Court passed an interim injunction against an online retailer restraining them from using the name of L’oreal to sell or supply any goods on any website or in any other manner having regard to the L’oreal’s plea alleging counterfeit products having its trademark were being sold/ traded by the online retailer Brand … Continue reading High Court grants interim injunction against online retailer from using L’oreal Trademark
Read more »Trade Mark Parody- An analysis of Tata Sons v. Greenpeace
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 cleverly portrayed so as to show itself as a humorous take on the original work. … Continue reading Trade Mark Parody- An analysis of Tata Sons v. Greenpeace
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