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?
Whether the mark ‘SUBWAY’ and ‘SUBERB’ are similar to each other?
The Hon’ble High Court of New Delhi[1] was of the opinion that the mark ‘SUBWAY’ and ‘SUBERB’ are not deceptively similar to each other as the word, ‘Sub’, common to both the marks is a publici juris and the remaining ‘ERB and WAY’ are neither phonetically similar nor similar as a word mark. The Case: … Continue reading Whether the mark ‘SUBWAY’ and ‘SUBERB’ are similar to each other?
KNOW THE BASICS OF SPORTS LAW AND GOVERNING STRUCTURE IN INDIA
WHAT IS SPORTS LAW ? Sports law is an area of law which relates to the sporting activities and events in the country. It is emerging line of law which deals with the legal issues pertaining to acts and issues of sports players, teams, managers and associates. It includes the traditional area of laws like … Continue reading KNOW THE BASICS OF SPORTS LAW AND GOVERNING STRUCTURE IN INDIA
PIKASHOW APP RESTRICTED FROM ILLEGALLY DISTRIBUTING HOTSTAR APP’S CONTENT
The Plaintiff: The Plaintiffs are a prominent entertainment and media company in India, and they are the owners of the copyright of a substantial amount of content, including movies, albums, TV shows, etc. The Plaintiffs control their own OTT platform, "Hotstar," as well as a mobile application called "Disney+ Hotstar," in addition to transmitting the … Continue reading PIKASHOW APP RESTRICTED FROM ILLEGALLY DISTRIBUTING HOTSTAR APP’S CONTENT
DO YOU KNOW NO ONE CAN USE STARBUCKS PRODUCT NAME “FRAPPUCCINO” WITHOUT THEIR CONSENT ?
Introduction[1]: Plaintiff has filed for the permanent injunction prohibiting the defendants from using the plaintiff's registered trade mark "FRAPPUCCINO," including the "BROWNIE Chips FRAPPUCCINO" mark or any other similar trade mark in connection with the plaintiff’s products and services. The Plaintiff: Plaintiff is a lifestyle brand company founded in 1985 under the name “STARBUCKS CORPORATION”. Its predecessor … Continue reading DO YOU KNOW NO ONE CAN USE STARBUCKS PRODUCT NAME “FRAPPUCCINO” WITHOUT THEIR CONSENT ?
Why it’s Instagram or any platform obligation to prevent any user from uploading harmful content as per IT (Intermediary Guidelines and Digital Media Ethic Code) Amended Rules 2022 ?
As the push and demand for a safe and accountable internet was flooded in the country, the ministry of electronics and IT has come forward with amendments in Information Technology (Intermediary Guidelines and Digital Media Ethic Code) Amended Rules 2022 aimed at protecting the rights of people working digitally. Since the reliance on digital platform … Continue reading Why it’s Instagram or any platform obligation to prevent any user from uploading harmful content as per IT (Intermediary Guidelines and Digital Media Ethic Code) Amended Rules 2022 ?
INFRINGEMENT OF INDIA’S TRUSTED BRAND “TATA”
INTRODUCTION: The plaintiff, Tata Sons Private Limited, has brought this lawsuit against the defendants Anjani Bagaria and Mazing Retail Private Limited in the High Court of Delhi, in an effort to seek permanent injunction restraining trademark infringement, passing off, dilution, and tarnishment of trademarks. The plaintiff, Tata Sons Private Limited, is the major investment holding company … Continue reading INFRINGEMENT OF INDIA’S TRUSTED BRAND “TATA”
TRADEMARK INFRINGEMENT OF INTEL AND DIRECTION TO REGISTRAR OF COMPANIES TO CHANGE THE NAME OF INFRINGER COMPANY
Introduction: The current lawsuit was brought by Intel Corporation, USA in 2006 against three companies: Intel Gas Gadgets (P) Ltd., Intel Gas Guards (P) Ltd., Intel Safety Devices, and their respective director, Mr. S.P. Gupta. The lawsuit sought a long-term injunction prohibiting trademark use, delivery up, passing off, damages, and infringement. Plaintiff: The plaintiff, Intel Corporation, USA, … Continue reading TRADEMARK INFRINGEMENT OF INTEL AND DIRECTION TO REGISTRAR OF COMPANIES TO CHANGE THE NAME OF INFRINGER COMPANY
AN ATTEMPT TO STEAL THE IDENTITY OF INDIA’S PROMINENT LEGAL NEWS AND RESEARCH PORTAL “LIVE LAW”
Introduction: Live Law is an online news portal, the subject area of which is to provide legal news. Over the time Live Law has built a reputation in terms of providing latest judgements, case analysis, etc. of various courts such as Supreme Court, High Courts, various others courts and tribunals. Apart from that, the portal … Continue reading AN ATTEMPT TO STEAL THE IDENTITY OF INDIA’S PROMINENT LEGAL NEWS AND RESEARCH PORTAL “LIVE LAW”
CASE OF “TAK” MARK INFRINGEMENT OF THE MEDIA CHANNEL “AAJ TAK”
CASE: LIVING MEDIA INDIA LTD. & ANR VS. AAB TAK CHANNEL.COM (JOHN DOES) & ORS Brief facts: All the defendant has used the suffix “Tak” on which Plaintiffs have the legal right under Trademark bearing trade mark number 1242922 in class 38 and trade mark number 1242921 in class 41. Moreover, the mark is also … Continue reading CASE OF “TAK” MARK INFRINGEMENT OF THE MEDIA CHANNEL “AAJ TAK”
DUCTUS EDGE 