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?
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
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 OF TATA WATER PLUS V. TAZA WATER PLUS
INTRODUCTION: The present case[1] pertains to the copyright and trademark infringement of the plaintiffs’ mineral water product sold under the mark “TATA “and “TATA WATER PLUS.” The Plaintiffs discovered that Defendant was selling bottled drinking water in August 2020 using the trademark "TAZA WATER PLUS"; therefore, Plaintiff hired a private investigator to determine the precise … Continue reading CASE OF TATA WATER PLUS V. TAZA WATER PLUS
Producer or the author of the screenplay, who owns the copyright?
Introduction: The suit was filed by the plaintiff seeking a decree for permanent injunction restraining the defendant through its dealers, distributors, employees and/or assigns from making and selling, any work indulged in the novelization of the cinematograph film NAYAK. As per the plaintiff, novelization of the screenplay NAYAK without the consent of plaintiff amounts to … Continue reading Producer or the author of the screenplay, who owns the copyright?
CASE OF TRADEMARK CANCELLATION AFTER REGISTRATION: P BROS V. FYBROS
Introduction: A petition was filed[1] under section 57(2) of the Trade Marks Act, 1999 for the removal of the mark “P BROS”. The mark P BROS is registered in the favour of the respondent no. 1. Notices were issued to the respondents and were accepted by them, however, no appearance was made by the Respondent … Continue reading CASE OF TRADEMARK CANCELLATION AFTER REGISTRATION: P BROS V. FYBROS
REGISTRATION OF TRADEMARK IN MALAYSIA
Introduction: Intellectual Property is an intangible property and is the creation of intellect. In general IPR consists of five segments and trademark is one of such five segments. A trademark is basically the face of your business/company and the customers recognizes the goods and services of an entity through its trademark. As the trademark becomes … Continue reading REGISTRATION OF TRADEMARK IN MALAYSIA
DUCTUS EDGE 