How Anti-Dissection and Dominant Feature Rules Complement Each Other in Trademark Cases
The Rule of Anti-Dissection and The Rule of Dominant Feature often accompany each other when discussed in the context of trademark infringements. These two rules are among the most commonly used in determining possible trademark infringements and are notable because, throughout legal history, they have often been seen as antithetical to each other, leading to many wrongly drawn conclusions. At the very onset of this article, it is therefore important to establish that the principles of anti-dissection and the identification of dominant feature are not antithetical to one another and, if viewed holistically, rather complement each other.
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THE BLURRED LINE: THE DHRUV RATHEE VS. DABUR CASE IN REVIEW
This article provides an overview of the “Dhruv Rathee vs. Dabur India Limited” case, covering various aspects including trademarks, the Copyright Act, and the Constitution of India. It emphasizes the importance of balancing freedom of speech with intellectual property rights. The discussion includes detailed exploration of facts and relevant laws, facilitating a comprehensive understanding of the case.
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PARALLEL IMPORTS IN INDIA: LAWS, DOCTRINE OF EXHAUSTION, AND MARKET IMPACT
Discover the complexities of parallel imports, including their legal framework, economic implications, and challenges. Learn how parallel imports impact markets and intellectual property rights in India and globally.
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JACKIE SHROFF TAKES LEGAL ACTION TO PROTECT PERSONALITY RIGHTS: A DEEP DIVE INTO RELEVANT PROVISIONS AND CASES
Personality rights, a right mainly used by famous celebrities to protect their name, signature, voice, personality traits etc. from being misused for commercial purposes by anyone. In this article we have discussed the recent case of veteran actor Mr. Jackie Shroff and the other previous cases related to personality rights in India. And we have discussed the law that deals with the cases related to personality rights, the things that are covered under personality rights and other such things. We have also discussed the constitutional provisions relating to it.
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Ascertainment of Lack of Novelty or Originality in a Design at the Time of Registration
In the intellectual property law case of Casio Computer Co. Ltd. v. Riddhi Siddhi Retail Venture, the court ruled in favor of Casio regarding the originality and novelty of their Blueberry keyboard design. The court emphasized the importance of consumer perception and the burden of proof on the defendants to demonstrate the absence of innovation or originality in challenging design registration validity.
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Copyright Protection in the Digital Age: Combating Online Piracy
The article explores the challenges of copyright protection in the digital age and how online piracy affects creators. The discussion is laid on the impact of online piracy on copyright infringement. It also explains how copyright can be effectively protected by digital rights management (DRM), which uses usage tracking, digital watermarks, encryption, and access controls.
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ASSIGNMENT AND TRANSMISSION OF TRADEMARK
Explore the intricacies of trademark assignment and transmission, including legal requirements, procedural technicalities, and challenges involved. Learn how to protect your intellectual property rights effectively in the dynamic business landscape.
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Legality of Imposing Geographical Restrictions on the use of Trademarks by the Trademarks Registry
Explore the complexities surrounding geographical restrictions imposed by the Trade Marks Registry on trademarks in India. Understand the distinction between limitations on registration and actual use, highlighting the need for judicial oversight. Discover the nuances and legal boundaries dictating the imposition of geographical limitations on trademark usage
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TRADEMARK REGISTRATION PROCESS IN INDIA: A Comprehensive Guide to Protecting Your Brand
Explore the comprehensive guide to trademark registration in India, covering the transformative changes in trademark rules, the registration process, benefits, FAQs, and an extensive overview of trademark types. Whether you’re a business owner or an enthusiast, this guide demystifies trademark procedures and offers insights into safeguarding your brand identity
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NAVIGATING THE TRADEMARK AND DESIGN OVERLAP IN INDIA
Explore the intricate overlap between trademarks and designs in India’s intellectual property landscape. Dive into legal precedents, the nuances of infringement versus passing off, and proposed legislative and practical solutions to navigate this complex intersection effectively
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