In trademark infringement suits, the plaintiff is often faced with the challenge to overturn the defence of an existing registration in the defendant’s […]
Opportunity given to seek Invalidity of registration in Infringement Suit
Trademark
Doctrine of Territoriality in actions for infringement or passing off
Reputation has the quality of transcending territorial barriers. Consumer awareness, access, reach of campaigns, advertisements and other marketing strategies play a key role […]
Registered Trademark cannot be transferred superficially
This case arises out of a Writ Petition filed by SK Cosmetics in the High Court of Delhi seeking order of direction in […]
Summary Judgments: Real claim versus a fanciful prospect
It is a well-known fact that the judicial process in India is time consuming and this creates situations that might not be in […]
The God vs Spartan: End game
As Peter Roebuck remembers, “On a train from Shimla to Delhi, there was a halt at one of the stations. The train stopped […]
The infringement battle of the ‘Brilliant’ schools
Recently, the Chhattisgarh High Court, in the case of Brilliant Public School Society v. Brilliant Public School Sitamarhi, granted an interim-injunction in favour of […]
Liability of e-commerce websites in India
The infiltration of counterfeits in the online commercial world comes as no surprise to the brand owners and trademark practitioners; naturally, it has […]
Brands adopt stronger enforcement strategies
Over the past few years, with the rise in counterfeiting and trademark infringement cases, the need for and the awareness of enforcement of […]
Prior Use Or Intermittent Use, Delhi High Court Decides
Trademark is the most important asset of a business, irrespective of the kind of goods and services they offer. From high end luxury […]
Overlap Between Trade Mark And Design Rights: Indian Perspective
INTRODUCTION The overlap between trade mark and design rights has been debated, discussed, and re-discussed fora long time with a variety of different […]