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 JAPAN
Introduction: Trade Marks in Japan are regulated by the Trademarks Act, 1959 and as per article 2 of the act Trademark means any “characters, figures, signs or three-dimensional shapes, or any combination thereof which is used in connection with the goods of a person who produces, certifies or assigns the goods as a business; or … Continue reading REGISTRATION OF TRADEMARK IN JAPAN
CASE OF SHELL BRAND WHERE HC STRIKE DOWN THE UNJUST REFUSAL ORDER OF TRADEMARK EXAMINER
Introduction: In the present case[1] an appeal was filed at IPAB and pursuant to the Tribunal Reforms Act of 2021, the present appeal has been received on transfer by the High Court of Delhi. The Senior Examiner of Trademarks' decision dated March 15, 2018, regarding Application No. 2365543 for the mark under class 4, is … Continue reading CASE OF SHELL BRAND WHERE HC STRIKE DOWN THE UNJUST REFUSAL ORDER OF TRADEMARK EXAMINER
LEARN ABOUT TRADEMARK REGISTRATION IN CANADA
Introduction: A trademark can be a word, letter, symbol or combination of these and so on. A trademark is an essential for running the business as the customers recognize the business with the trademark name. We witness trademark examples almost daily for instance the mark on the bottle from which we drink water, the trademark … Continue reading LEARN ABOUT TRADEMARK REGISTRATION IN CANADA
DELHI HIGH COURT RESTRICT ROUGE WEBSITES BROADCASTING NETFLIX CONTENT
Introduction: In this case suit was filed by Plaintiffs against the multiple defendants for engaging in online piracy by making original content available for download and otherwise facilitating access to infringing and illegal content. The lawsuit seeks a permanent injunction, rendition of accounts, and damages for the infringement of exclusive rights in the plaintiffs' original … Continue reading DELHI HIGH COURT RESTRICT ROUGE WEBSITES BROADCASTING NETFLIX CONTENT
KNOW ABOUT TRADENAME PROTECTION IN EU
The trademark law in Europe is regulated by European Union Intellectual Property Office (EUIPO). As per EUIPO “Trademarks are signs used in trade to identify products.” It’s a symbol that distinguishes one from their competitors. One of the important conditions to be kept in mind while registering the mark is to clearly define the mark … Continue reading KNOW ABOUT TRADENAME PROTECTION IN EU
ALL ABOUT TRADEMARK REGISTRATION IN USA
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
