Passing Off for Registered and Unregistered Trademarks

The Trademarks Act, 1999 (herinafter referred to as ‘the Act”) gives rights and protection in the form of remedies to not only registered but also unregistered trademarks.  Even though a registered trademark is given a statutory remedy under section 28 of the Act, but 27(2) of the Act also provides...

Case Brief: Simonelli Innovation Llc V. Tata Consultancy Services Ltd. (TCS)

Plaintiff:  SIMONELLI INNOVATION, LLC Defendant:  TATA AMERICA INTERNATIONAL CORPORATION and TATA CONSULTANCY SERVICES LIMITED (TCS) Case Number:  5:2018cv00840  Case Filed On :    August 15, 2018 Court:   Texas Western District Court US Presiding Judge: Fred Biery Nature of Suit:  Contract - IP Infringement Cause of filling Suit – Breach of Contract Facts:...

India Signs Up the Internet Copyright Treaty

The latest break-through in Intellectual Property in India is Union Cabinet approving the proposal to accede to the WIPO Copyright Treaty, 1996 (‘WCT’) and the WIPO Performance and Phonograms Treaty, 1996 (‘WPPT’).  These Treatises came into existence in the time when internet was considered to be a big thing in...

KHADI: A Trademark or GI?

Introduction Although the clash over ‘Khadi’ between the German company Khadi Naturprodukte and Khadi and Village Industries Commission (KVIC) is far from resolution, the latter has already filed another suit, this time against Fabindia for writing ‘Khadi’ over its products. The KVIC claims an exclusive right over the use of...

Failed Battle of MP for GI Tag ‘Basmati’

The Geographical Indications of Goods (Registration and Protection) Act, 1999 (hereinafter “Act”) was enacted to provide for the registration and better protection of geographical indications relating to goods. A geographical indication (hereinafter “GI”) is a sign used on products that have a specific geographical origin and possess qualities or a...

Use of Core Words in Logo: An Analysis

A lot of times we have come across the use of the name of well-known brand in a logo of another product. The question that comes up is whether the use of core words of a registered mark can be used by another company? Is such a use permitted under...

Why Class A Design?

The new legislation of Designs Act, 2002 has a different classification system than the old Designs Act, 1911. The old Act classified the designs on the basis of the material of which the article was made whereas the new Act classifies on the basis of the subject matter of the...

The Benefits Of Doing Market Analysis With Patentability Search

Innovative creations are necessary in the contemporary market where products keep getting upgraded with newer features. However, not every invention is capable of creating an impact in the industry. Take, for example, the 3-D Television. Poor market research could be one of the reasons why the manufacturers failed to realize...

The Cocoa Wars!

Two premier chocolate brands recently locked horns in the market. Hotel Chocolat alleged that Waitrose had launched a luxury chocolate bar which was deceptively similar to their trademark chocolate bars. The firm also got backing from a fellow chocolatier ‘Choc on Choc’ which believe that Waitrose’s Easter eggs are deceptively...

Social Media (F) Law: The German Precedent

Recently, the Network Enforcement Act, commonly known as NetzDG has taken full effect from January 2018 in Germany. The controversial law was passed by the parliament in June 2017. This piece of legislation has created ripples around the globe with a fair amount of supporters as well as adversaries. For...

Trade Mark For International Jurisdiction

Introduction Trade mark is territorial in nature and is valid only at places where it is registered. The protection to the trademark ends at the end of the boundaries of the country it is registered in. However, this does not restrict any one from exporting their goods to other countries...

Trade Dress

What Is A Trade Dress? Trade dress means the packaging, visual appearance, shape, graphics, colour combination which can be registered and protected from being exploited by the competitors related to their goods or services. In other words, trade dress is a product's "total image" or "overall appearance" and "may include...