ArticleThe Scotch-Scot ScuttleKhoday Distilleries Ltd. (known as Khoday India Pvt. Ltd.) incorporated under the Companies Act, 1956. Manufacturers of whisky under the mark "Peter Scot", a trademark was applied for in May 1968.IndiaIntellectual PropertyLex Orbis
ArticleThe Territorial Battle Over Words!UGG is an American Footwear Company and is a division of Deckers Outdoor Corporation, a footwear designer from California since 1973.IndiaIntellectual PropertyR. K. Dewan & Co
ArticleTrademark Assignment Under Scrutiny In A Case Of Deceptive SimilarityTrademarks represent a distinct type of intangible property. It is any device or mark which identifies the goods or services of one party and distinguishes them from competitors.IndiaIntellectual PropertyLex Orbis
ArticleTrademark Counsel In The Time Of Cancel CultureWith 2020 being the year when everyone is practically living on the internet, it has been an interesting, challenging, and unprecedented year for those involved in brand reputation and...IndiaIntellectual PropertyObhan Mason
ArticleTrademark Protection In The Liquor Industry: Himachal Pradesh High Court Grants Interim Relief To Old Monk ManufacturerIn a recent trademark infringement suit, the Himachal Pradesh High Court passed an important interim order restraining Eston Roman Brewery & Distillery Pvt. Ltd. from manufacturing and selling...IndiaIntellectual PropertyIndiaLaw LLP
ArticleTrademarks And Trade Secrets: Know The Difference With Coca-ColaIn India, trademarks are given protection under the Trademarks Act, 1999. IndiaIntellectual PropertyKhurana & Khurana, Advocates and IP Attorneys
ArticleTrademarks – Transborder Reputation And Establishment Of Goodwill In India – SC Decision In Prius DistinguishedThe Delhi High Court has ruled on a trademark dispute involving the mark ALPHARD, examining whether transborder reputation and unsolicited imports of luxury vehicles into India can establish goodwill sufficient to qualify a mark as 'well-known' under Indian law. The case required the court to distinguish the Supreme Court's Prius decision and evaluate whether voluntary importation by third parties, without formal commercial launch, demonstrates actionable recognition within the relevant consumer segment.IndiaIntellectual PropertyLakshmikumaran & Sridharan
ArticleTriple Five (555) In The TM Dispute PyreBrand recognition is an important facet, especially as far as Fast moving Consumer Goods (FMCGs) are concerned. Customers not only make a choice determined by quality and value-for-money, but alongside develop an affinity with regard to the good’s appearance, the get-up and trade dress as well as the trade mark. IndiaIntellectual PropertyLex Orbis
ArticleUnauthorised Use Of Trademarks In Meta Tags: New Basis For Trademark Infringement In IndiaIn this day and age of digital marketing when brands are constantly on the lookout for new and innovative strategies to optimize their online presence, effective protection of domain names is critical to their efforts.IndiaIntellectual PropertyLex Orbis
ArticleUpper Limit Fixed Under Section 148 CPC Cannot Take Away The Inherent Powers Of The CourtSection 148 of the Civil Procedure Code (hereinafter referred to as CPC) gives power to the Court for the enlargement of time fixed by it with regard to the doing of an act prescribed or allowed by the CPC. IndiaIntellectual PropertyLex Orbis
ArticleUsing A Prominent Word In A Logo Amounts To Trade Mark InfringementA question of deceptive similarity of a prominent part of a trade mark cropped up before the Delhi High Court in the case of Max Healthcare Institute Ltd vs Sahrudya Health Care Pvt Ltd. IndiaIntellectual PropertyLex Orbis
ArticleWalmart Apollo Llc. Vs. Aayush Jain & Anr.: A Case AnalysisIndia, as a mixed market, has a diverse range of industries that function on a free-market basis. In the market system, there is fierce competition.IndiaIntellectual PropertyKhurana & Khurana, Advocates and IP Attorneys
ArticleWheels Of Contention: The Trademark Dispute Between Kinetic Green & Yulu BikesSavvy innovation is the name of the game in the electric mobility world. As companies rush to corner this maturing market, however, the noise and din over disputes often tend to drown out the positives.IndiaIntellectual PropertyNaik Naik & Company
ArticleWho Is An Aggrieved Person? The Intellectual Property Appellate Board AnswersIn the case of Okasa Pharma Pvt. Ltd v Win- Medicare Limited, the issues before the Intellectual Property Appellate Board (IPAB) were two-fold. IndiaIntellectual PropertyLex Orbis
ArticleWith The Madrid System – You’ve Got The Whole World In Your Hands!As Indian Trademark Jurisprudence adopted the dicta of well-known trademarks, it progressed in making the world a smaller place, vis-à-vis trademarks and Brand significance. IndiaIntellectual PropertyLex Orbis
ArticleStolen Stardom: How AI & Deepfakes Are Redefining Celebrity Image RightsRecently, a surge of controversial AI-generated videos has flooded the internet. Examples include the widely circulated "Musk-Trump kissing" meme and the provocative image of Biden wearing a diaper.IndiaInternational LawNaik Naik & Company
ArticleLitigation Update: Revision Of The Definiton Of The Term VictimThe Supreme Court in Asian Paints Limited v. Ram Babu & Another addressed an important question regarding whether an entity that suffers loss from an offence, even if not the original complainant, qualifies as a "victim" ...IndiaLitigation, Mediation & ArbitrationMansukhlal Hiralal & Company
ArticleSocial Media Influencer's Continuing Battle For Freedom Of SpeechOn February 14, 2020, a Division Bench of the High Court of Bombay lifted an injunction granted to Marico Limited and permitted a social media influencer to post a video reviewing a Marico product...IndiaMedia, Telecoms, IT, EntertainmentObhan Mason
ArticleEuropean Union: Dispute Over 'France.com' TrademarkTechnology for the modern world is as important as oxygen is for life. European UnionIntellectual PropertyS.S. Rana & Co.