Understanding IPR Protections: 5 Key Overlaps Between Different Intellectual Property Rights
Learn about the overlaps between different IPR protections, including patents, copyrights, trademarks, design rights, and trade secrets. Understand how these protections coexist, with examples, to enhance your intellectual property strategy.
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Design Rights in the Fashion Industry: Protecting Creativity in a Fast-Paced World
This article explores the challenges and legal frameworks surrounding design protection in the fashion industry, highlighting critical cases, constitutional foundations, and the role of various intellectual property laws in safeguarding creativity. It examines the limitations of the current legal structure and suggests future directions for enhancing design rights, including the impact of digital fashion, sustainability, and technological advancements like 3D printing and NFTs.
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Relief for Trademark Practitioners: Calcutta HC Sets Aside Orders Passed by Trademark Managers
The Calcutta High Court invalidated orders by unauthorized Associate Managers of Trade Marks, ensuring proper authorization under Section 3(2) of the Trade Marks Act. This ruling provides clarity and relief to trademark practitioners, reinforcing the need for duly empowered officials to handle quasi-judicial functions.
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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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Sibling Admiration vs. Corporate Identity: The ADIDAS Trademark Dispute in Delhi High Court
Discover the details of the landmark ADIDAS trademark dispute in the Delhi High Court, where the court upheld Adidas AG’s rights against Keshav H. Tulsiani’s unauthorized use of the ADIDAS trademark, highlighting key legal issues, the court’s decision, and the importance of trademark protection.
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McDonald’s loses ‘Big Mac’ TM Battle against Supermac’s
Explore the David vs Goliath battle in the case of Supermac’s (Holdings) Ltd. v. McDonald’s International Property Company, Ltd over a Trademark “Big Mac”. The article contains EUIPO ruling and the provisions that are similar in Indian Trademark Law and European Trademark Law.
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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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PhonePe V. BharatPe: Trademark Dispute
Explore the Delhi High Court’s judgment in the trademark dispute between PhonePe and BharatPe. Understand the complexities of trademark law, the arguments from both sides, and the court’s application of legal principles like the Pianotist Test, Anti-Dissection Rule, and Dominant Mark Test. Discover the intricacies of maintaining brand identity amidst market competition.
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Trademark Dispute: Forest Essentials vs. Baby Forest Ayurveda Over Generic Terms
A detailed overview of the trademark dispute between Forest Essentials and Baby Forest Ayurveda, highlighting the complexities of protecting generic terms in competitive markets. Learn about the Delhi High Court’s ruling, the arguments from both parties, and the implications for trademark law and brand identity.
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TRADEMARK BATTLE: DOMINO’S FACES OFF AGAINST DONITO’S IN THE BATTLE OF LOGOS
Trademark conflicts are common for renowned brands like NIKE, APPLE, and GUCCI. Domino’s is no stranger to such disputes. This article addresses various trademark infringement cases, focusing on the recent conflict between Domino’s India and a Punjab-based food outlet named “Donito’s.” The article also explores relevant Indian intellectual property laws, particularly the Trademark Act, 1999, and examines the legal framework for resolving these disputes.
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