Introduction To be eligible for registration in India, a trademark must be distinctive and not confusingly similar to any existing trademarks: it must also not be deceptive […]
Analysing Trademark Infringement In Light Of Mcdonald’s V. Maccoffee
All posts tagged: Trademark
Significance of Smell in Trademarks
Introduction A ‘smell trademark’ being intangible in nature of it’s representation for registering as a trademark, has been a considerable opposition for the owners who deals with […]
China Bistro Judgement: A Detour From Established Principles?
INTRODUCTION A single bench of the Delhi HC in Foodlink F & B v. WOW Momo Food (Wow Momo)[1] has injuncted the use of “WOW! China Bistro/ […]
Can Braille Be Registered As a Trademark?
Introduction Trademarks are no longer confined to words, numbers, or devices. Admittedly, anything which could be used to distinguish one’s merchandise is being put out for statutory […]
Vishnudas Trading Versus Vazir Sultan Tobacco Co. Ltd.
Parties The Appellant Vishnu Das Trading carries out the manufacturing of “quiwam” and “zarda” under the trademark “Charminar”. The Respondent no. 1, Vazir Sultan Tobacco Co. Ltd., […]
Can A Celebrity Name Be Registered As Trademark? Meta Title- Celebrity Trademark
INTRODUCTION A celebrity is a person who is famous in the eyes of the general public and has goodwill attached to it, they are in constant spotlight […]
The Failure-to-Function Doctrine
Introduction In the world of trademarks, the primary purpose of a mark is to identify and distinguish the source of goods and services. However, not all marks […]
“I Thought You Were Infringing My Mark” Can Apprehension Of Infringement Be A Cause Of Action?
Introduction The Trade Marks Act, 1999 and the regulations made thereunder regulate trademark laws in India. The Act outlines the procedures for registering, safeguarding, and upholding trademarks […]
Advertisers Freedom To Make Ads
Introduction The promotion of products through defamatory or misleading remarks about the competitor’s product, known as “product disparagement,” can lead to legal disputes, blurring the line between […]
Unreasoned Orders for Personality Rights
Introduction In order to convey the essence of a judicial decision, it is essential that it be supported by reasons. This obligation serves as a check against […]