INTRODUCTION You do not need to see a brand name to recognize the triangular peaks of a Toblerone bar, nor do you need a logo to identify the iconic spherical gold foil and pleated paper cup of a Ferrero Rocher. But how does a brand legally monopolize a physical shape
INTRODUCTION As Holi brings India alive with a riot of colours, it’s a good time to think about how colours matter beyond just festivals. In business, colours can be a powerful way to identify a brand. Many companies rely on logos, names, or slogans to stand out, but the colours
An analysis of the Lay’s vs Jay’s trademark dispute, explaining how phonetic similarity led to cancellation under the Trade Marks Act, 1999.
INTRODUCTION To understand Trademark Opposition, one must first understand what is a Trademark? So, Trademark is a sign, logo, or name that helps people identify a company’s goods or services. It builds trust, a product brand, and gives businesses a unique identity, for instance, the Nike logo. Section 21 of
Introduction: Recently, in the case of Zepto vs Zepto [Kiranakart Technologies Private Limited vs. Mohammad Arshad & Anr (C.O. (COMM.IPD-TM) 62/2024 with I.A. 29531/2024 & I.A. 40361/2024)], the Delhi High Court ordered cancellation of an individual’s 2014-registered trademark ‘Zepto’, based on a petition of rectification by Kiranakart Technologies Private Limited,
Introduction The case of Goodai Global Inc. v. Shahnawaz Siddiqui & Anr. (C.O. (COMM.IPD-TM) 81/2024) revolves around a rectification petition under Section 57 of the Trade Marks Act, 1999 filed against mark titled ‘Beauty of Joseon’. The petition was filed by Goodai Global Inc., a South Korean entity, seeking the removal of
INTRODUCTION Any name, sign, or insignia used in or by a business to distinguish the producer or supplier of a product or service as well as to recognize products or services is referred to as a trademark.[1] Trademarks act as a brand identifier that attaches to itself the goodwill and reputation
INTRODUCTION: THE PRINCIPLE OF PRIOR USE In the realm of trademark law, trademarks play a pivotal role in distinguishing the goods or services of one business from those of another. Under the Trademarks Act, 1999, the registration of a trademark grants the proprietor exclusive rights to its use, allowing them
CITATIONS: Hawkins Cookers Ltd. vs Magicook Appliances Co., 100(2002)DLT698, AIR 2003 DELHI 191, (2002) 100 DLT 698 BRIEF FACTS: Hawkins Cookers Ltd., a well-established company in the manufacture and marketing of pressure cookers, filed a suit against Magicook Appliances Co. alleging infringement of its copyright under the Copyright Act, 1957.
CITATIONS: Yash Raj Films Pvt Ltd vs Sri Sai Ganesh Productions & Ors., CS(COMM) 1329/2016, AIRONLINE 2019 DEL 1017 BRIEF FACTS: Yash Raj Films Pvt Ltd, the plaintiff, brought a suit against Sri Sai Ganesh Productions & Ors., the defendants, for copyright infringement, seeking permanent injunction, rendition of accounts, and
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