Disney’s Trademark Woes: No Worries?

The year of 2019 has been regarded as the most promising year. It started with Disney’s magnum opus announcement to deliver two motion pictures consecutively. The much loved ‘Aladdin’ and the popular ‘Lion King’, is all set to captivate the audience in the coming months. But, is everything hunky dory in the Disney world? In the recent news, a brazen petition was undertaken by Mr. Shelton Mpala, to direct the Disney Company from relinquishing the trademark of the phrase “Hakuna Matata.” The term is used in the movie “Lion King” by the characters of the movie ‘Timon’ and ‘Pumba’, as... Read More

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 for remedy for an unauthorized use of an unregistered trademark. Passing off is common law tort which is most commonly used to protect goodwill that is attached to the unregistered trademarks. Passing off is basically when one person is passing off his goods or services as that of another person.... Read More

Trademarks and Trade Secrets: Know the Difference with Coca-Cola

Though they may include the same word, the two concepts- Trademarks and Trade Secrets- are not alike at all. It is true that both are valuable assets that give your business an edge against rivals in the market. However, their scope of application covers totally different areas. This article analyses the meaning of the concepts, the law regarding them and studies Coca-Cola to better understand the distinction. 1. Trademarks In India, trademarks are given protection under the Trademarks Act, 1999. Trademark has been defined under section 2 (zb) of the Act as, “….a mark capable of being represented graphically and... Read More

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 the mark ‘Khadi’, as it secured the registration of the said mark and has been using it for a few products since 1978. Considering the history and origin of Khadi it is debatable if Khadi should continue to hold the status of a registered trademark or it should instead be... Read More

Protect Your Intellectual Property With The Help Of A Trademark Attorney

Introduction Trademark being as a unique business mark will represent your business globally and will help you to identify the source of a particular good or service which is provided to the consumer by the owner of the business entity and thus it needs a special concern and safety from the illegal parties. It is very hard to maintain goodwill of the business so if the trademark owner does not protect their trademark, they may call themselves up to the danger, where a lower-quality of good or service being distributed under the same or similar name, which may cause confusion... Read More

Trademark Battle Between ‘Gucci’ And ‘Guess’ Comes To An End On Amicable Ground

  The trademark battle between Gucci and Guess is one of the most important cases in the history of trademark because of the difference in opinion of different jurisdictions. It all started in the year 2009 when Gucci filed a trademark infringement case for some of its trademarks against Guess in New York Federal Court. In the year 2012 the court at first, awarded $4.7 million and later reduced it to $4.56 million because Gucci could not establish the actual loss it has suffered. Subsequently, in the year 2013, the Milan Court gave a judgement contradicting the New York’s judgement.... Read More

What Kind Of Trade Mark Gives You Best Protection?

Trademark A Trademark in relation to goods or services means a mark, design, or expression which represents a product or service of a source from the ones of other sources and is legally registered under The Trade Marks Act, 1999. Kinds of Trademarks Coined Marks: These are the marks that are made innovatively by mixing words together. These marks do not have any meaning; they only serve as the marks that are registered for the product or service. In the beginning it is tough for the public to remember such names but as the days pass by this kind of... Read More

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 in which his trademark is not registered. Situations might occur where the same/identical trademark is carrying out its business in the same country by other proprietors as well. This might lead them to legal disputes among the concerned proprietors which might take a toll on their reputation and goodwill leading... Read More

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 features such as size, shape, color or color combinations, texture, graphics or even certain sales techniques. For example, packaging of Mc Donald’s burger or shape and packaging of coca cola bottles or registered store layout design of Apple store. The objective of protection of a trade dress is to protect... Read More