Explore the significance of the doctrine of approbate and reprobate in trademark law, its principles of equity, and its application in preventing contradictory claims in legal proceedings. Learn how this doctrine ensures fairness, consistency, and justice in trademark disputes through detailed illustrations and landmark judgments. This comprehensive guide highlights the
Explore how Ashneer Grover, the co-founder of BharatPe, is shaping the future of personality rights in India by securing a trademark for his name. This article delves into the concept of personality rights, their legal origins, and notable cases, including prominent figures like Amitabh Bachchan, Anil Kapoor, and Taylor Swift.
The trademark dispute between Capital Foods and Dabur over the term ‘Schezwan Chutney’ sheds light on the legal challenges of protecting descriptive marks. This article delves into the complexities of distinctiveness, consumer confusion, and fair competition under the Trade Marks Act, 1999. Explore the evolving judicial perspective on descriptive trademarks
Explore the concept of prior use under Section 34 of the Trademarks Act, 1999. Learn how it protects prior users’ rights, emphasizing continuous use over registration, with insights into key judicial precedents and practical implications in Indian trademark law. Learn how continuous use takes precedence over registration, safeguarding vested rights.
Explore the intersection of trademarks and company names, focusing on trademark infringement through company names under Section 16 of the Companies Act, 2013, and Section 29(5) of the Trademarks Act, 1999. Learn about legal provisions, judicial precedents, and practical remedies to protect brand identity.
This article explores the relationship between the Copyright Protection and the Designs Act, 2000 in India. It discusses the key distinctions, legislative provisions, judicial interpretations, and practical implications for creators navigating the intersection of copyright and design protection. Understand the challenges faced by creators and consumers in safeguarding artistic works
A detailed analysis of the ongoing trademark dispute between IndiGo Airlines and Mahindra Electric regarding the use of the “6E” mark. IndiGo, which has used the “6E” trademark for 18 years, claims that Mahindra’s new electric SUV, initially named “BE 6e,” infringes upon its registered mark, potentially causing consumer confusion.
Section 9 and 11 of the Trademark Act, 1999, play a crucial role in the regulation of trademark registration in India. Section 9 outlines the absolute grounds for refusal, which include marks that are not distinctive, are merely descriptive, or contain scandalous or obscene elements. On the other hand, Section
The term intellectual property right (IPR) refers to the collection of rights granted by law to a creator, author, or owner of intellectual property. Intellectual property rights provide legal protections designed to safeguard an individual’s creative efforts, which can include artistic works, literature, inventions, or symbols and designs used in
Trademark for Startups is more than a legal formality, rather it is a prominent step towards brand reservation and growth in India’s competitively growing contemporary market. Early Trademark Registration ensures legal ownership of a brand’s name, logo, tagline etc., helping startups while also securing their unique identity in the market.
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