What is a Trademark? As per WIPO a trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights[1]. In US Trademark law is mainly governed by the federal statute Lanham Act. Originally state Common law provided the main source … Continue reading ALL ABOUT TRADEMARK REGISTRATION IN USA
MERELY SIMILARITY IN IMAGE IS TRADEMARK INFRINGEMENT ?: FEVICOL CASE
Introduction: Plaintiff[1] has been producing and selling adhesives since 1969. The plaintiff asserts that it conducts business not only in India but also in North America, South America, the Middle East, Africa, and Asia. The trademarks and service marks of the plaintiff, includes HEATX, FEVICOL, LW+, LW, DR. FIXIT, and an artistic representation of two elephants pulling in … Continue reading MERELY SIMILARITY IN IMAGE IS TRADEMARK INFRINGEMENT ?: FEVICOL CASE
COMMERCIAL DRONES INDUSTRY AND LEGAL FRAMEWORK IN INDIA
INTRODUCTION OF DRONES BUSINESS ECOSYSTEM IN INDIA India is the fastest growing economy across the world and country has witnessed stupendous transformation in business ecosystem and technology. It’s not wrong to state that Pro business policies by the central government and establishment of digital ecosystem has surely given a direction to the country which is … Continue reading COMMERCIAL DRONES INDUSTRY AND LEGAL FRAMEWORK IN INDIA
Whether the word ‘Super’ is a laudatory word? Whether Applicant can have exclusive right over a laudatory trade mark?
As per the Hon’ble High Court of Delhi[1] and in view of Section 17(2) of the Act, the plaintiff shall not have any exclusive right in respect of the mark “super‟. The intent behind Section 17(2) is to prevent such an abuse by a person who gets a composite mark registered in its favour, which … Continue reading Whether the word ‘Super’ is a laudatory word? Whether Applicant can have exclusive right over a laudatory trade mark?
Whether a defendant can rely on documents not filed along with the written statement in case of a commercial suit?
Facts: In the case ofTTK Prestige Ltd V. K K And Company Delhi Pvt Ltd & Ors’.[1]: the plaintiff is engaged in the business of kitchen home appliances like pressure cooker , gas stoves and so on under the brand name PRESTIGE since 1955. The registration of the mark with respect to class 11 (installation … Continue reading Whether a defendant can rely on documents not filed along with the written statement in case of a commercial suit?
WHAT FACTORS ARE TO BE CONSIDERED IN DFETERMINING WHETHER A MARK IS A WELL KNOWN MARK?
Section 11(6) of the Act: (6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including: (i) the knowledge or recognition of that trade mark in the relevant section of the … Continue reading WHAT FACTORS ARE TO BE CONSIDERED IN DFETERMINING WHETHER A MARK IS A WELL KNOWN MARK?
KHAN CHACHA VS KHAN CHACHA BIRYANI
The plaintiff holds registration of trademark under Class 29 and 43. He claims to be the user of the mark since 1st April 1972 for food items as well as for providing restaurants services, which are also enlisted on various websites which provide online catering services. As per the plaint “KHAN CHACHA” is inventive and … Continue reading KHAN CHACHA VS KHAN CHACHA BIRYANI
WHAT IS ANGEL INVESTOR FUND ?
According to the SEBI AIF Regulations[1], angel investors can be individuals or companies who meet the certain defined criteria. What are Angel Investors? Chapter IIIA of SEBI(AIF) Regulation, 2012[2] consists of Angel fund. An Individual Angel Investor[3] is any person who proposes to invest in an angel fund and who has net tangible assets of … Continue reading WHAT IS ANGEL INVESTOR FUND ?
2 CRORE COMPENSATION FOR WRONG HAIR STYLING?
In the present case[1] the NCDRC had directed the defendant to pay to the complainant a compensation of Rupees 2 Crores. The Following case has been appealed before the Supreme Court of India. The Supreme Court has set aside the judgement and directed the NCDRC to quantify the claims again. FACTS OF THE CASE: In … Continue reading 2 CRORE COMPENSATION FOR WRONG HAIR STYLING?
RESTRAINING ORDERS WITH REGARD TO UNAUTHORIZED USAGE OF VIJAY DEVERAKONDA’S BRAND “ROWDY”
A civil court in Bengaluru has issued an interim injunction preventing two manufacturers from using the brand/trade name "ROWDY," which was created by Telugu actor Vijay Deverakonda, to sell replica apparel until the case is resolved. The application filed by Rowdywear Pvt. Ltd. was partially approved by Additional City Civil Judge Padma Prasad, who also … Continue reading RESTRAINING ORDERS WITH REGARD TO UNAUTHORIZED USAGE OF VIJAY DEVERAKONDA’S BRAND “ROWDY”
DUCTUS EDGE 