Trademark Registration

Luxury-Brand-Protection-and-Trademark-Enforcement-in-India PATENEVO

Luxury Brand Protection and Trademark Enforcement in India

The protection of luxury brands presents trademark law with some of its most commercially significant and doctrinally demanding challenges. Luxury goods defined not merely by their price point but by the combination of heritage, craftsmanship, exclusivity, and aspirational identity that constitutes their essential commercial character depend on their trademarks in a manner qualitatively different from […]

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Trademark Issues in E-Commerce PATENEVO

Trademark Issues in E-Commerce: Keyword Advertising and Marketplaces

The commercial internet has created a new kind of marketplace one that is frictionless, borderless, available at every hour and dominated by algorithms that decide what you see before you have even articulated what you are looking for. In this environment, a brand’s trademark performs more work than it ever did in a physical market.

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Trademark Prosecution and Opposition in India

Trademark Prosecution and Opposition in India: From Application to Registration under the Trade Marks Act, 1999

A trademark is, in commercial terms, the face of a business. It is the element that consumers reach for when they navigate a crowded market the word, symbol, logo, shape, or combination that tells them who made the goods or provided the service they are about to buy. The legal protection of that commercial identity

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Comparative Advertising and Trademarks in India

Comparative Advertising and Trademarks in India

Comparative advertising the practice by which a trader promotes their own goods or services by making explicit or implicit reference to the goods or services of an identifiable competitor occupies a uniquely contested position at the intersection of trademark law, consumer protection and commercial free speech. It is a practice that serves genuine consumer interests

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Domain Names as Trademarks – Cybersquatting and UDRP in India patenevo

Domain Names as Trademarks – Cybersquatting and UDRP in India

The emergence of the internet as the dominant medium of global commerce has generated a body of legal problems that the architects of modern intellectual property law could not have anticipated. Among the most significant and most commercially damaging of these problems is the phenomenon of cybersquatting the opportunistic registration of internet domain names that

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Sun-Pharmaceuticals-Industries-Limited-v.-Cipla

Sun Pharmaceuticals Industries Limited v. Cipla Limited

High Court of Delhi at New Delhi | Decided: 3 October 2008 IA No. 6872 of 2008 in CS(OS) No. 1073 of 2008 Presiding Judge: Justice Rajiv Sahai Endlaw Background Sun Pharmaceuticals Industries Limited, the plaintiff, held a registered trade mark THEOBID in relation to medicinal and pharmaceutical preparations. The trade mark was originally registered

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Trademark-Dilution-in-India

Trademark Dilution in India – Blurring and Tarnishment

Trademark law, in its traditional formulation, is concerned primarily with consumer confusion the risk that the use of a similar mark will mislead consumers about the commercial origin of goods or services. The likelihood of confusion standard, which pervades the examination of relative grounds under Section 11, the infringement enquiry under Section 29 and the

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Nandhini Deluxe v. Karnataka Co-operative Milk Producers Federation Ltd.

Nandhini Deluxe v. Karnataka Co-operative Milk Producers Federation Ltd.

Supreme Court of India | Decided: 26 July 2018 Civil Appeal Nos. 2937–2942 & 2943–2944 of 2018 Bench: Hon’ble Mr. Justice A.K. Sikri & Hon’ble Mr. Justice Ashok Bhushan Citation: AIR 2018 SC 3516 | (2018) 9 SCC 183 Background Karnataka Co-operative Milk Producers Federation Limited, the respondent, is a cooperative federation of milk producers

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