Introduction To be eligible for registration in India, a trademark must be distinctive and not confusingly similar to any existing trademarks: it must also not be deceptive […]
Analysing Trademark Infringement In Light Of Mcdonald’s V. Maccoffee
All posts tagged: trademark law
Trademarks vs. Generic Terms: Can Generic Terms be Trademarked?
INTRODUCTION Picture a vibrant city where the streets are alive with the sounds of commerce, and each establishment boasts a name plucked from our ‘everyday conversations’. Imagine […]
China Bistro Judgement: A Detour From Established Principles?
INTRODUCTION A single bench of the Delhi HC in Foodlink F & B v. WOW Momo Food (Wow Momo)[1] has injuncted the use of “WOW! China Bistro/ […]
Can Braille Be Registered As a Trademark?
Introduction Trademarks are no longer confined to words, numbers, or devices. Admittedly, anything which could be used to distinguish one’s merchandise is being put out for statutory […]
The Failure-to-Function Doctrine
Introduction In the world of trademarks, the primary purpose of a mark is to identify and distinguish the source of goods and services. However, not all marks […]
“It Might Be Your Character, But It’s My Business” The Saga of Themed Public Places and Trademark Infringement
Introduction We frequently spend time in a themed café or public space, attempting to immerse ourselves in the world of our favourite characters, whether they be from […]
Unreasoned Orders for Personality Rights
Introduction In order to convey the essence of a judicial decision, it is essential that it be supported by reasons. This obligation serves as a check against […]
Dilution of Well-Known Trademarks: An Analysis of the ‘Daawat’ Case at the Delhi High Court
Introduction A Trademark is ordinarily granted protection under two cases, viz., infringement and passing off. However, in cases of trademarks that are well known amongst the general […]
Critical Overview Of The Effect Of Non-Use Of Trademarks
Introduction A trade mark provides protection to its owner by securing the owner’s exclusive right to use it or by granting another party permission to do so […]
Can A Single Colour Mark Acquire Registration In India?
Introduction To Colour Marks In India Oscar Wilde famously said: mere colour can speak to the soul in a thousand different ways. He was unmistakably aware of […]