Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses […]
Harpic v. Domex:Product disparagement or nominative fair use?
All posts tagged: Trademark
Unveiling Trademark Dilution from Scratch to Denouement
Introduction to Trademark Dilution The concept of Dilution was first introduced in 1927, a theory was propounded namely The Rational Basis of Trademark in the article of Mr. Frank Schechter which […]
“Pink Perfection: The Trademarking Of Barbie’s Signature Hue”
Introduction With Margot Robbie lighting up our screens in what is arguably the movie of the year, it is the summer of Barbie again; just like it […]
Trademark Dilution: Understanding, Forms, And Legal Implications Under The Trademarks Act Of 1999
Introduction The Trademarks Act of 1999 introduced trademark dilution. The use of trademarks helps a company set itself apart from its rivals’ products and services. A fundamental […]
Concept Of Trademark Bullying: Forceful Enforcement Of Trademark Rights In The Name Of Protection
Introduction Trademarks are an important division of Intellectual Property Rights (IPR) as it considerably contributes in identification and promotion of a product. A well- known trademark helps […]
Analysing Trademark Infringement In Light Of Mcdonald’s V. Maccoffee
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 […]
Significance of Smell in Trademarks
Introduction A ‘smell trademark’ being intangible in nature of it’s representation for registering as a trademark, has been a considerable opposition for the owners who deals with […]
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 […]
Vishnudas Trading Versus Vazir Sultan Tobacco Co. Ltd.
Parties The Appellant Vishnu Das Trading carries out the manufacturing of “quiwam” and “zarda” under the trademark “Charminar”. The Respondent no. 1, Vazir Sultan Tobacco Co. Ltd., […]