This question was answered by the Delhi High Court in the case of Ticona Polymers v. Registrar of Trade Marks, 2023 decided on 28th February 2023. Facts of the Case: The appellant applied to register “COOLPOLY” as a mark for plastic and carbon molding materials and molded heat sinks under class 1 and class 9. … Continue reading Whether the Trademark can be dissected while checking its eligibility under section 9(1) during examination?
Know about incorporation of entity in Delaware
The Delaware General Corporation Law is the statute of the Delaware Code that governs corporate law in the U.S. state of Delaware, Adopted in 1899. Title 8 of Chapter 1 subchapter I of Delaware General Corporation Law deals with the Formation of Corporations. Here's a step-by-step procedure to incorporate a company under the Delaware General … Continue reading Know about incorporation of entity in Delaware
Delhi High Court Strikes Down ‘NIKIND’ Registration, Protecting Mankind Pharma’s “KIND” mark family Legacy
Introduction In a recent landmark judgment[1], the Delhi High Court ordered the cancellation of the trademark registration for "NIKIND" in Class 5. The petitioner, Mankind Pharma Ltd., a renowned pharmaceutical company, filed the petition seeking the removal of the impugned trademark, claiming that it infringed upon their well-known trademark "MANKIND" and its associated family of … Continue reading Delhi High Court Strikes Down ‘NIKIND’ Registration, Protecting Mankind Pharma’s “KIND” mark family Legacy
Whether the registrar has the power to condone delay or take into consideration such delayed application for review?
Well, the answer to this question was answered by the Delhi High Court in a recent judgment in the case of MS Aman Engineering Works Vs Registrar Trade Marks, Trade Marks Ministry, New Delhi & Anr., 2022[1]. The Delhi High Court, in its ruling, determined that the Registrar of Trade Marks does not possess the … Continue reading Whether the registrar has the power to condone delay or take into consideration such delayed application for review?
WHETHER PRIOR USAGE AND REGISTRATION OF THE MARK SHOULD BE GIVEN DUE RECOGNITION AND PROTECTION?
Summary of the facts: The plaintiff is a subsidiary of “MAYO” Clinic, a well-known charitable organization based in the United States. They operate internationally and have a strong reputation under the mark “MAYO” for providing medical care, research, education, and diagnostic services. The plaintiff holds trademarks for "MAYO” and related marks in India and over … Continue reading WHETHER PRIOR USAGE AND REGISTRATION OF THE MARK SHOULD BE GIVEN DUE RECOGNITION AND PROTECTION?
DOES DUBBING OF A REMAKE CONSTITUTES COPYRIGHT INFRINGEMENT OF THE ORIGINAL MOVIE?
Introduction: The case of JA Entertainment Pvt Ltd vs MS Sithara Entertainment and Ors. was heard by a Single Judge bench of the Delhi High Court. The key issue in this case was whether the dubbing of a movie, based on assigned copyright work, by another person, to whom separate rights were assigned, constituted infringement. … Continue reading DOES DUBBING OF A REMAKE CONSTITUTES COPYRIGHT INFRINGEMENT OF THE ORIGINAL MOVIE?
How to set up a company in the USA
Starting a company in the United States can be an exciting and rewarding endeavor. However, the process involves careful planning, legal considerations, and adherence to specific requirements. It is possible for individuals and businesses from India to establish a company in the USA, but the procedure can be intricate and time-consuming. It entails complying with … Continue reading How to set up a company in the USA
TRADEMARK PARODIES: FAIR USE OR INFRINGEMENT? ANALYSING USA SC JUDGEMENT JACK DANIEL’S V. VIP PRODUCTS
Introduction Trademark law plays a crucial role in protecting the intellectual property rights of businesses and ensuring consumer confidence in the marketplace. The Lanham Act, the core federal trademark statute in the US, serves to safeguard trademarks by preventing infringement and dilution. In the case of Jack Daniel's Properties, Inc. v. VIP Products LLC, the … Continue reading TRADEMARK PARODIES: FAIR USE OR INFRINGEMENT? ANALYSING USA SC JUDGEMENT JACK DANIEL’S V. VIP PRODUCTS
IS PHONETIC SEARCH IS NECESSARY ALONG WITH WORD SEARCH FOR A REGISTRATION OF A TRADEMARK?
Introduction A phonetic search is also necessary along with word search before registering a trademark as observed by Justice C. Harishankar deciding the case Institut Europeen D Administration Des Affaires ,INSEAD, Association v. Fullstack Education Private Limited & Anr[1]. In this suit, the petitioner moved to court for rectification of the Trade Marks Register by … Continue reading IS PHONETIC SEARCH IS NECESSARY ALONG WITH WORD SEARCH FOR A REGISTRATION OF A TRADEMARK?
CASE WHERE BLINKIT NAME WAS IN DANGER
INTRODUCTION: The case[1] is a miscellaneous first appeal filed under order 43 Rule 1(r) read with section 104 of CPC against the order passed by the Additional City Civil Judge, Bengaluru. In the following impugned order the judge had allowed the application filed by the Respondent –Plaintiff for temporary injunctions and restrained the Appellant – … Continue reading CASE WHERE BLINKIT NAME WAS IN DANGER
DUCTUS EDGE 