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Trademark

Indian Trademark System 2019

June 22, 2019 LexOrbis Trademark

In India, the Trade Marks Act, 1999 (“Act”) and the Rules there under guide the process of registration and enforcement of rights relating […]

Trade Secret: ‘Property right’ or ‘Relationship’ dispute’

June 20, 2019June 19, 2019 LexOrbis Trademark

World’s first trade secret was use a forceps for delivery. It is not surprising but true that the invention of forceps delivery was […]

No Trademark Rights On “CHUR CHUR NAAN

June 19, 2019 LexOrbis Trademark

The Plaintiff claiming to be registered proprietor and user of the trademarks “CHUR CHUR NAAN” and “AMRITSARI CHUR CHUR NAAN” filed a suit […]

Calculating punitive damages in infringement

June 14, 2019June 12, 2019 LexOrbis Trademark

Although there have been several intellectual property (IP) infringement cases in India, most of the time the litigants either settle the dispute out […]

No ‘mini trial’ at interim injunction stage

April 24, 2019April 22, 2019 LexOrbis Trademark

The division bench of Delhi High Court, in its judgment dated 24 January 2019, upheld the single judge’s order refusing interim injunctions against […]

Delhi High Court Rules That Design Cannot Constitute Trademark

April 19, 2019April 19, 2019 LexOrbis Trademark

The definition of design as mentioned in the Indian Designs Act specifically excludes trademark and relying on this exclusion, the Delhi High Court […]

Non-conventional marks

April 1, 2019 LexOrbis Trademark

What is the first scene that comes up when a Tom & Jerry episode is about to begin? The Lion’s Roar. What is […]

Louboutin’s fight for single colour trademark protection

March 27, 2019March 26, 2019 LexOrbis Trademark

The debate over single colour trademark protection saw some interesting developments this year. The Christian Louboutin brand, famous for its red-sole shoes, enjoys […]

IPAB interprets extension clause in trademark disputes

January 14, 2019January 11, 2019 LexOrbis Trademark

One of the significant changes brought by the Trade Marks Rules, 2017, was the removal of the extension provision in leading evidence in […]

Comprehensive E-Filing In Indıa For Designs In The New Year

January 11, 2019January 11, 2019 LexOrbis Trademark

In yet another effort to bring efficiency and transparency in Indian IP system and as New Year gift, the Office of the Controller […]

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