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Tag: Trademark Registration

‘Don’t fence me in’: what if your locally used trade name is in between one proprietor’s earlier trade name and a corresponding younger trade...

In her ‘Happy new year‘ (30 December 2022) post on this blog ‘Trademarks in Luxembourg‘ Verena von Bomhard shortly referred to the ECJ’s Classic...

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Institute of Directors v. Worlddevcorp Technology and Others : Delhi High Court cautions against the tendency to monopolise common words as trademarks

The Delhi High Court, vide Order dated 11 December 2023, declined to grant the prayer of plaintiff (that uses the word mark “Institute of...

Dolphin Mart Private Limited vs. Avenue Supermarts Limited and Ors.

Case Citation: MANU/DE/5461/2023 Introduction: In the High Court of Delhi, the case of Dolphin Mart Private Limited vs. Avenue Supermarts Limited and Ors. involves a dispute...

“Wait a Moment, Mr. Postman!”: Delhi High Court Analyses Section 57(4) and 124 of the Trade Marks Act, 1999 in the POSTMAN Trademark Infringement...

Introduction The Delhi High Court appointed two amicus curiae to aid in determining whether a challenge to the defendant’s trademark could be considered...

British Engines (UK) Limited v. The Assistant Registrar of Trade Marks

Introduction: The case of British Engines (UK) Limited v. The Assistant Registrar of Trade Marks revolves around the appellant, British Engines (UK) Limited,...

Trademark Triumph: Fluke Corporation’s Victory in the DATAPAQ Case Analysis

Case Name: Fluke Corporation vs. Registrar of Trademarks Case Citation: C.A.(COMM.IPD-TM) 47/2022, MANU/DE/5367/2023 Date of Decision: 16th August, 2023 CORAM: JUSTICE PRATHIBA M....

Federal Reserve issues cease and desist letter to Bitcoin Magazine alleging IP infringement

The Federal Reserve Bank of Chicago has issued a cease and desist letter to Bitcoin Magazine, alleging it to have used a trademarked term...

No Bed of Roses: Sumitomo Rubber Industries is Seeking to Register Floral Fragrance Reminiscent of Roses as Applied to Tyres in India

Recently, Sumitomo Rubber Industries filed an unusual application seeking to register an olfactory mark as a wordmark! Discussing this anomaly, we are pleased to...

“Exploring the Intersection of Trademark and Design: Safeguarding Visual Elements in Intellectual Property”

The complex interplay between trademark and design law in the context of intellectual property law has been examined by courts on several occasions....

Banjo Corporation Sues Green Leaf, Inc. Over Trademarked Yellow Handle

Crawfordsville, Indiana – Plaintiff, Banjo Corporation (formerly known as Terra-Knife and Terra-Products) is suing Fontanet, Indiana company, Green Leaf, Inc. (also known as TerreMax)...

HealthSmart Foods Files Suit Over SWEET NOTHINGS Trademark

Evansville, Indiana – Plaintiff HealthSmart Foods, Inc., has brought a Trademark infringement suit against Menlo Park, California Defendants Beth Porter and Sweet Nothings, Inc. ...

The Principle of “Use in Commerce”: As per the Abitron Case

Introduction In the dynamic world of trademark law, the principle of “use in commerce” serves as a cornerstone for establishing and protecting trademark...

Trademark case: PIM Brands Inc. v. Haribo of America Inc., USA – Kluwer Trademark Blog

The trade dress of a wedge-shaped candy, colored to resemble a slice of watermelon, was determined to be functional and not eligible for protection...

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