Design piracy and recovery of damages after the expiration of suit design, a contentious issue, has come to the forefront in a recent […]
Similarity in pressure cooker designs found by Court, resulting in damages after expiry
Trademark
Enhancing efficiency in trademark disputes: consolidating proceedings
Trademark disputes can often lead to multiple legal proceedings across different courts and branches of the Trade Marks Registry, creating… Read the article […]
Claims of Transnational Reputation Need Corroboration and Cannot Be Mere Assertions
In the recent case of Toyota Jidosha Kabushiki Kaisha vs Tech Square Engineering Pvt Ltd, the Delhi High Court rejected Toyota’s rectification petitions […]
Now is not the time for injunctions
In the recent case of Bennet, Coleman & Company v E! Entertainment Television LLC, the Delhi High Court vacated an interim injunction against entertainment […]
Harsh words not a thief of reputation
In the recent case of Marico Limited v Dabur India Limited, the plaintiff applied to the Delhi High Court for an interim injunction […]
Whose ARMOUR is Stronger – A Tussle between Apparel Moguls
Manisha Singh, Partner, and Anmol Bahuguna, Associate, of LexOrbis dissect the recent Under Armour, Inc. v. Aditya Birla Fashion & Retail Ltd. case […]
Reputation on the line in trade mark dilution
With globalisation and rapidly evolving business trends, it has become critical for businesses to extend their intellectual property protection oversight beyond traditional practices. […]
Determinative Evidence Needed to Prove Prior Use: The Tussle over “Sanjha Chulha”
While deciding prior use disputes, courts in India have relied on substantial evidence by any claimant of such prior use that can prove […]
High Threshold for Evidence in Recent Cases to Prove Trans-Border Reputation of Trademarks in India
According to the principles of transborder reputation, it exists when a trademark gains reputation across the border or beyond the territorial limits of […]
Preparatory use of a mark as legitimate use
To prevent the cancellation of a trademark due to non-use, the owner must use the mark within a specified timeframe. Under section 47 […]