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Can Influencers Be Liable for Trademark Infringement by the Brands They Promote?

In this article, Srishti Sneha deals with the jurisprudence surrounding the two types of trademark infringement and writes about endorsers’ liability under Indian law.

Champagne And Passing Off: The Case Of Bollinger v Costa Brava Wine Co. Ltd. Revisited

Anushka Agarwal revisits the celebrated Bollinger case. She provides a detailed analysis of the Classic Trinity test laid down in this case and examines if it is still relevant. The article also explains the difference between the remedy of passing-off and trademark infringement.

Comparative Advertising and its Implications in the Present Scenario

In this article, Akhil Satheesh explains the position of the Indian law on comparative advertising, its adequacy, and the scope for betterment.

Non-Traditional Marks – A brief peek into the future

Non-traditional marks are IPRs that do not belong to the conventional trademark. In this post, Adv. Elizabeth Puthran analyzes its position in India.

Trade Marks of Generic Domain Names: United States Patent and Trademark Office Et Al. v. Booking.Com B. V.

Agneya Gopinath explores the US Supreme Court judgement, ‘United States Patent and Trademark Office Et Al. v. Booking.Com B. V.’, in dealing with the question: Would a generic word, coupled with a domain-name suffix, be eligible for obtaining trademark protection? References have also been made to the Indian view on the subject matter.

The ‘Magical’ Conundrum: ITC Limited v. Nestle India Limited

Sabreen Hussain analyses the judgement of the Madras High Court in the recent ‘M/S ITC Limited v Nestle India Limited’ case. Apart from a focus on concepts such as ‘infringement’ and ‘passing off’, the question as to when laudatory expressions can be trademarked has also been dealt with.

Unclear Stand of Olfactory Marks in Trademarks World

Shubhank Suman gives a comprehensive outline about olfactory marks and the concerned legislations in India, US and the EU. The author has also summarised the challenges to bringing about a law on the subject and the necessity for one.

Trademark Infringement vis-à-vis Manufacturing of Automobile Spare Parts

By, Yash Raj and Smriti Shukla The Automobile Sector has been the subject of numerous trademark infringements by various third party spare parts manufactures. The prevalent trade practice among the automobile manufacturers is that they either manufacture the spare parts… Continue Reading →

Conflict of Western Ideas with Local Customs: Intellectual Property Regime in the Middle East

By, Mohit Kar Intellectual Property Rights (“IPR”) in the Middle East are based on the idea of Western influence on foreign laws, which have now been assimilated into the local laws.[i] It is an illustration of the West’s supremacy in… Continue Reading →

The Battle of the Soaps – India’s first COVID-19 related IP Dispute

One of the suggested methods in preventing the spread of COVID-19 is washing hands with soap and water. This simple yet effective method has paved the way for India’s first IP dispute between Dettol’s makers, Reckitt Benckiser and Hindustan Unilever Limited. Sayesha Battacharya analyzes the current dispute and also takes the reader through some of the advertising wars between Reckitt Benckiser and HUL.

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