Latest from Intellectual Property Law

How Active Trademark Use Protects Your Brand Identity

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Your trademark represents the story, dream and creativity of your brand. Trademarks serve as vital assets, distinguishing one brand from another in the busy marketplace. Understanding the impor...

Passing Off in Relation to Similar Background Colour of Product Packaging

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The doctrine of passing off is a vital aspect of intellectual property law, primarily aimed at protecting the goodwill and reputation of a business. This legal principle prevents one party from...

The Future of Sustainable Tourism and Intellectual Property in India

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Trademarking sustainable tourism in India involves protecting intellectual property associated with sustainable tourism services, products, or initiatives. Under the Indian legal framework, tra...

Requirement of Prior Permission of Registrar of Trademarks under Section 115(...

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The petitioner seeks to quash the proceedings in C.C.No.21775 of 2022, registered for offenses under the Trade Marks Act and the Copyright Act. The core issue revolves around the necessity of o...

Trademarks with similar meanings are likely to confuse consumers

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The present appeal, filed under Section 91(1) of the Trade Marks Act, 1999, challenges the order dated 22nd July 2023, by the Registrar of Trade Marks. The appellant opposed the registration of...

Section 12-A of the Commercial Courts Act, 2015, and the Nature of Urgent Rel...

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Section 12-A of the Commercial Courts Act, 2015, mandates pre-institution mediation for commercial disputes, barring exceptions for urgent interim relief. This provision aims to expedite resolu...

When Intent to Confuse Exists, Trademark Similarities Take Precedence Over Di...

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The legal landscape of trademark law hinges on the protection of brand identity and the prevention of consumer confusion. This principle is particularly evident when examining cases where inten...

Trademark Registration in India: Procedures, Jurisdiction and Legal Framework

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Trademark registration is a crucial legal process that grants exclusive rights to the owner over their distinctive marks, protecting them from unauthorized use and infringement. Governed by spe...

Bad Faith Adoption of Trademark and Its Effect

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Background and Case Overview: In the "Under Armour Vs. Aero Armour" case, the primary legal contention revolved around the use of the trademark "ARMR." The plaintiff, Under A...

The Idea-Expression Dichotomy: Balancing Imagination and Articulation

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There was a huge conflict for getting copyright protection, copyright law is totally based on idea expression dichotomy, it became an integral part for determining that what can be copyrighted,...