INTRODUCTION TO DECEPTIVE SIMILARITY Deceptively similar, according of Section 2(1)(h) of the Trade Marks Act, 1999 (herein referred to as “the Act”), has been defined as being so, if one trade mark so nearly resembles another so as to be likely to deceive or cause confusion. Deceptive similarity becomes, thus,
Explore the legal battle between Lotus Herbal and DPKA over the trademark ‘Lotus Splash’ for a facewash product, as the Delhi High Court evaluates trademark infringement claims and weighs the protection under Section 30(2)(a) of The Trade Marks Act, 1999, ultimately dismissing Lotus Herbal’s petition.
INTRODUCTION The Delhi High Court, in its recent ruling, marked a critical step in defending Khandelwal Edible Oils Limited’s (herein referred to as Plaintiff) intellectual property rights, by granting an interim injunction to them in their trademark and copyright infringement case against Landsmill Agro Private Limited (herein referred to as
INTRODUCTION The plaintiff, a manufacturer and distributor of wine, spirits and liquors has registered Trade Mark for the names “Blenders Pride”, “Imperial Blue” and “Seagram’s”, filed an appeal in the Hon’ble High Court of Madhya Pradesh under Order 43 Rule 1 (r) of Code of Civil Procedure, 1908[1] read with
FACTS OF THE CASE On February 18, 2011, the appellant applied to the Plant Variety Authority for the registration of a chipped potato variety, FL 2027, under the ‘new’ category. Concerning the variety’s classification, the Registrar explained that it belongs to the ‘extant’ group. Although the appellant corrected the application,
TAYLOR SWIFT DISPUTE Taylor Swift’s musical path began with country roots, reflected in her self-titled debut album ‘Taylor Swift’, released in 2006. Notably, she has re-recorded her early albums in order to regain possession of her master recordings released between 2006-2017, with Big Machine Records. Big Machine Records is an
FACTS OF THE CASE: In 2014, Karishma Mehta founded “Humans of Bombay” (HOB), an online storytelling platform focused on fostering connections. On the similar lines another online storytelling platform “People of India” (POI), was founded by Pritika Kumar and has been in operation since 2019 as an Instagram-based storytelling platform.
MEANING AND FUCNTIONS OF TRADEMARK Intellectual property rights realm aims at securing exclusive rights of individuals on generation of one’s mind. In commercial world, trademarks act as a pillars of distinction which enable the businesses to safeguard their unique identity in the competitive market. Section 2(1)(zb) of the Trademarks Act,
INTRODUCTION Trademarks play an integral role in safeguarding of intellectual property rights of a person by acting as a distinctive source identifier of goods and/ or services in the market. In India, the Trade Marks Registry plays a crucial role in handling trademark applications, registration, renewals, oversight and management. Its
INTRODUCTION In recent years, the Procedure for Registration of Trade Marks in India has witnessed a profound transformation, primarily catalyzed by the introduction of the Trade Mark Rules, 2017. These regulatory changes have ushered in a new era of trademark prosecution, characterized by heightened stringency and streamlined processes, bringing notable
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