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 […]
The Exclusivity of Brand Taglines
Brand taglines are catch phrases which serve to draw a connection for consumers with the business’ products and services, and the concerned brand in general. A particular sequence of words repetitively used in the promotion of a brand or business in relation to its products and services often finds a place in the associative memory […]
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. […]
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. […]
THE TRADE MARK RULES, 2017: AT A GLANCE Simple. Straightforward. Faster.
The Trade Mark Rules, 2017 notified and came into effect on 6th March 2017 repealing the Trade Mark Rules, 2002. These rules have been framed with the intention of simplifying and expediting the procedure for registration of Trade Marks in India. Key Highlights of the New Rules: Categorization of Applicant and Fees Increase in Fees Reduction […]
THE TRADE MARK RULES, 2017: AT A GLANCE Simple. Straightforward. Faster.
The Trade Mark Rules, 2017 notified and came into effect on 6th March 2017 repealing the Trade Mark Rules, 2002. These rules have been framed with the intention of simplifying and expediting the procedure for registration of Trade Marks in India. Key Highlights of the New Rules: Categorization of Applicant and Fees Increase in Fees […]
NEPAL’S IP LAW: AN ENCAPSULATION
Intellectual property law in Nepal is comparatively new and it enjoys the extension provided for under the TRIPS agreement to the least developed country. The Patents, Designs and Trademarks are protected under one head, and the governing act/ legislation is known as “The Patent, Design and Trade Mark Act, 2022 (1965)” (hereinafter referred to as […]
NEPAL’S IP LAW: AN ENCAPSULATION
Intellectual property law in Nepal is comparatively new and it enjoys the extension provided for under the TRIPS agreement to the least developed country. The Patents, Designs and Trademarks are protected under one head, and the governing act/ legislation is known as “The Patent, Design and Trade Mark Act, 2022 (1965)” (hereinafter referred to as “Act”). […]