Intellectual Property Law – PATENEVO

Deceptive Similarity and the Consumer Confusion Test in Indian Trademark Law

Few questions in Indian trademark law arise more frequently, or are decided with greater consequence, than whether two competing marks are deceptively similar to each other. The resolution of this question governs whether a trademark application will be accepted or rejected by the Registrar, whether an opposition proceeding will succeed or fail, and whether an

Corn Products Refining Co. v. Shangrila Food Products Ltd.

Leave a Comment / Landmark Judgements on Trademarks

Court: Supreme Court of India Case No.: Civil Appeal (arising from Trade Mark Application proceedings) Decided on: 8 October 1959 Bench: Justice A.K. Sarkar, Justice J.L. Kapur, Justice S.K. Das Citation: AIR 1960 SC 142; (1960) 62 Bom LR 162; [1960] 1 SCR 968 Background The appellant, Corn Products Refining Co., was a corporation incorporated

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Rupendra Kashyap v. Jiwan Publishing House & Ors.

Leave a Comment / Landmark Judgements on Copyrights

Court: High Court of Delhi Decided on: 1 July 1996 Presiding Judge: Justice R.C. Lahoti Citation: 1996 (38) DRJ 81 Background The plaintiff, Rupendra Kashyap, proprietor of M/S Som Sudha Prakashan, was appointed exclusive licensee of the Central Board of Secondary Education (CBSE), defendant No. 3, by written agreement dated 2 July 1991. Under this

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M/s UCB Farchim SA v. M/s Cipla Ltd. & Ors

Leave a Comment / Case Laws, Landmark Judgements on Patents

M/s UCB Farchim SA v. M/s Cipla Ltd. & Ors., W.P.(C) No. 332 of 2010 (along with connected matters), Delhi High Court, decided on 8 February 2010 Background Writ petitions before the Delhi High Court raised an important procedural question under Indian patent law: whether a writ petition under Article 226 of the Constitution is

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Novartis AG & Anr. v. Cipla Ltd.

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High Court of Delhi at New Delhi | Decided: 22 September 2015 CS (OS) No. 3812 of 2014 & I.A. No. 24580 of 2014 Bench: Hon’ble Mr. Justice Manmohan Singh Citation: 2015 SCC OnLine Del 13243 | (2015) 65 PTC 285 (Del) Background Novartis AG, a Swiss multinational pharmaceutical corporation, and its affiliate were the

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Copyright Assignment and Licensing in India: Structuring Creative Ownership with Legal Precision

The Concept of Well-Known Trademarks in India: Reputation beyond Goods and Geography under the Trade Marks Act, 1999

Leave a Comment / Trademark Article

In the architecture of trademark law, not all marks occupy the same position. Most marks perform a single function – they identify the source of goods or services and distinguish one trader’s products from another’s. Well-known trademarks do something more. Through sustained use, investment and public recognition, they transcend their original commercial context and become

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Assignment, Licensing and Commercial Exploitation of Trademarks under the Trade Marks Act, 1999

Leave a Comment / Trademark Article

In contemporary commerce, a trademark is not confined to its defensive function of preventing misuse. It is an active commercial asset – bought, sold, licensed, pledged, securitized, franchised and monetized across jurisdictions. The true commercial maturity of trademark law lies not merely in its enforcement provisions but in its recognition that goodwill is transferable property.

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Passing Off and Infringement under the Trade Marks Act, 1999

Leave a Comment / Trademark Article

In the contemporary marketplace, a trademark is no longer a mere badge of origin; it is a repository of goodwill, consumer trust, commercial reputation and competitive identity. As markets globalize and digital platforms compress geographic boundaries, the function of a trademark has evolved from a simple identifier to a strategic business asset. Yet, the true

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Gramophone Company of India Ltd. v. Birendra Bahadur Pandey & Ors.

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Supreme Court of India | Decided: 21 February 1984 Civil Appeal Nos. 3216–3218 of 1983 Bench: Hon’ble Mr. Justice O. Chinnappa Reddy, Hon’ble Mr. Justice E.S. Venkataramiah & Hon’ble Mr. Justice R.B. Misra Citation: AIR 1984 SC 667 | 1984 SCR (2) 664 | (1984) 2 SCC 534 Background The Gramophone Company of India Limited

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