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  • Article

    Reputation Without Use for FINANCIAL TIMES

    One of the characters in a Tom Stoppard play Night and Day says, "I’m with you on the free press; it’s the newspapers I can’t stand." The order of the IPAB (Board) starting with the above quote cannot be more apt when two newspaper publishers are fighting a protracted legal battle over a newspaper title.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Schering Decided Against: Slated Deception Deficient

    Pharmaceutical battles in the past and present, have hovered not merely the patent scenario, but have found a place in the various trademark clashes as well.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
Article

Tackling Illicit Trade: Smuggling And Counterfeiting

Counterfeit products are widespread in the market, and people often buy them at significantly lower prices than the original ones.
IndiaIntellectual Property
Lex Orbis
Lex Orbis
  • Article

    The Scope of Passing Off Action in the Cyber World - Tata Sons Case

    The passing off action is a well-established legal weapon in the armory of business establishments in their fight against trademark pirates.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    "TIGER HILL"; Beer Free of Charges of Deception

    Asia Pacific Breweries Ltd, an incorporation in Singapore manufactures beer under the trademark ‘TIGER Beer’. Asia Pacific Breweries claims to be the owner and user of the mark since 1932. The company owns 14 Breweries in eight countries round the world.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Trademark Opposition in India

    The Trademark law provides that a mark shall not be registered if it is identical with or similar to the earlier trademark even though it is to be registered for goods or services, which are not similar to those for which the earlier mark is registered, if this earlier trademark is a well known mark and the registration of the mark would be detrimental to the reputation of this well known mark.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Trademark Used As Critical Comment Does Not Necessarily Lead To Infringement

    Tata Sons (Plaintiff) in the case of "Tata Sons v. Greenpeace International" claimed a decree for permanent injunction and damages against Greenpeace International (Defendant No.1) for it’s alleged use of the Plaintiff’s "TATA" trademark.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Trademarks Rights – Prove Use Or Lose!!!

    Unlike Patents or Designs, the law of Trademarks mandates the rule of use - the more you use a mark and make it distinctive, the better chances you have in securing and ultimately defending your registration
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Deceptive Similarity – A Factor in Dilution of Trademark and Goodwill

    A trademark is a visual symbol often created to distinguish ones own product in respect of visual appeal or efficacy from host of other identical and similar products to build up reputation and profits by skill, effort and enterprise in the course of time The whole concept of Trademark law is based upon business practice and competition.
    IndiaLitigation, Mediation & Arbitration
    Lex Orbis
    Lex Orbis
  • Article

    No ‘Mini Trial' At Interim Injunction Stage

    The division bench of Delhi High Court, in its judgment dated 24 January 2019, upheld the single judge's order refusing interim injunctions against the use of similar designs of Crocs footwear.
    IndiaLitigation, Mediation & Arbitration
    Lex Orbis
    Lex Orbis
  • Article

    Rule That Final Relief Cannot Be Granted At Interlocutory Stage Is Not An Absolute Principle

    It is well settled general proposition of law that mandatory injunction at the interlocutory stage should not normally be granted which has the effect of granting the final relief.
    IndiaLitigation, Mediation & Arbitration
    Lex Orbis
    Lex Orbis
  • Article

    High Time To Get Your Innovation Rewarded Through PRISM!

    Are you an individual inventor who's trying to bring change to the environment and the society though tech-innovation?
    IndiaTechnology
    Lex Orbis
    Lex Orbis
  • Article

    Banks Cannot Seek Letters Of Administration From Indian Courts For A Will Already Probated By Foreign Court

    The Delhi High Court has held that a duly probated Will by a Foreign Court of competent jurisdiction is a conclusive proof of the legal character throughout the world.
    IndiaFamily and Matrimonial
    Lex Orbis
    Lex Orbis
  • Article

    Alkem’s Suit Dismissed: Plea Reflected in the Pleadings and Evidence

    Traditionally, the statutory defence of ‘concurrent use’, in suits relating to infringement of trademarks, has been carried too far because of its banal use.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Balance Of Convenience Lies In The Favour Of Prior User: Telangana HC

    In composite trademarks, the elements of the mark may not be distinctive individually, but the distinctive value may arise from the specific combination of each element.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Bloomberg - In Dominance Of Its Domain!

    While, "Imitation is the best form of flattery", would the same hold true for the case of Intellectual Property as well?
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Contumacious Disobedience Against The Famous Brand HALDIRAM BHUJIAWALA

    In a recent case of Haldiram India Pvt. Ltd vs. M/S Nandipat Enterprises & Anr. an order was passed by the Delhi High Court keeping in mind the reputation and goodwill of the popular brand...
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Mere Registration, Without Intention To Use The Mark, Does Not Give Exclusivity To The Mark.

    In Unichem Lab v Ipca Lab, the Plaintiffs, Unichem Laboratories Ltd, a Company incorporated under the Companies Act, 1956, and carrying on business in pharmaceutical preparations, approached the Court with a plea that the Trade Mark of Ipca Lab (the Defendant) was deceptively similar to their own mark ‘LORAM’.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Patentability of Softwares in India

    Software patents are one of the most contentious issues in Intellectual Property Rights. The growing economic significance of computers and computer programs gives software patents this controversial status.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Pfizer’s TM Suit Not Entertained: Lack Of Territorial Jurisdiction.

    Jurisdiction being the most vital consideration while instituting a suit, the Lack of Jurisdiction is one of the first and vital contentions raised, as a ground for suits to be dismissed.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Showing 541–560 of 1061 results

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