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TRADEMARK

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.

The Rubik’s Cube Conundrum Finally Solved

By, Sandhya Gupta The European Union Intellectual Property Office (EUIPO) granted trademark protection to Seven Towers in 1999 for its famous ‘Rubik’s Cube’ which is a three-dimensional puzzle. At the time of registration, Seven Towers only provided the visual, graphical… Continue Reading →

Duty-bound Trade Mark Registrar: Case of IP Attorneys Association v. Controller General

By, Yash Raj   The Hon’ble Delhi High Court recently through a Single Judge Bench of Hon’ble Mr. Justice J.R. Midha in the case of Intellectual Property Attorneys Association v. The Controller General of Patents, Designs & Trade Marks[1] arising… Continue Reading →

Do the rules of the Indian Evidence Act apply to Patent processes?

By, Vasu Manchanda   Introduction The Indian Evidence Act, 1872 entails the burden of proof and its onus on the plaintiff. According to Section 101 of the Indian Evidence Act, 1872, the burden to prove the existence of the claimed… Continue Reading →

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