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 […]
The Failure-to-Function Doctrine
All posts tagged: Trademark
“I Thought You Were Infringing My Mark” Can Apprehension Of Infringement Be A Cause Of Action?
Introduction The Trade Marks Act, 1999 and the regulations made thereunder regulate trademark laws in India. The Act outlines the procedures for registering, safeguarding, and upholding trademarks […]
Advertisers Freedom To Make Ads
Introduction The promotion of products through defamatory or misleading remarks about the competitor’s product, known as “product disparagement,” can lead to legal disputes, blurring the line between […]
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 […]
Personality Rights In India : A Statutory And Judicial Analysis
Introduction Personality rights refer to a person’s ability to safeguard his or her identity in the context of a property or privacy right. Celebrities value these rights […]
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 […]
Trademark Filing Process of Australia
A trademark is used to set one trader’s products and services apart from another. Trademark means: A trademark is a right that is granted for a letter, […]
Well Known Trademarks
Introduction Hermes International recently filed a lawsuit against Crimzon Fashion Accessories Private Limited, alleging Trademark Infringement. Crimzon Fashion Accessories Private Limited specialises in leather goods, lifestyle accessories, […]
Dilution of Fictional Characters: A Remedy to Trademark Infringement
Introduction In the conventional sense, trademark law requires the mark to essentially be a word or a logo. However, there have been significant advancements in the interpretations […]
An Overview On The Concept Of Dilution Of Trademark
Introduction The term “trademark dilution” refers to the unauthorised use of, and/or application for, a trademark that is likely to damage an established mark’s distinctiveness. The issue […]