Author: Biswajit Sarkar - IP Law Firm India

Bend it like Bentley

Bend it like Bentley

The car company Bentley lost a trade mark invalidity battle against UK based clothing company Bentley. The clothing company is using the trade mark BENTLEY since 1962 and in 2009 had got the trade mark registration at UK Intellectual Property Office. The trade mark covers

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Passing off “NOW”

Passing off “NOW”

The action for passing off is something that is always under the microscopic test and therefore, the proof of passing off rests upon a trinity tests i.e. goodwill, misrepresentation and damages. The plaintiff must prove that there is a goodwill attached to the trade mark

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Well-known – ness on the go!!

Well-known – ness on the go!!

On March 6th, 2017 the Trade Marks Office notified new sets of rules wherein the trade mark owners can now file their trade marks in an elite list if their mark satisfies the touchstone of a well- known trade mark. The list shall be maintained

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World of Ad words

World of Ad words

The world of Google is a vast and it is very difficult to stay protected in the Ad words of Google. But somehow the domain name owners struggle to survive in this world by claiming their own rights as and when they find some discrepancies.

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The “Aone” – Audi”

The “Aone” – Audi”

The Courts and registries are nowadays burdened with legal battles over “spare parts”. This time a registered trade mark is in question in the Court of Singapore in the case of  AUDI AG v Lim Ching Kwang. In the court of Singapore the German car

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War of the era

War of the era

The recent litigation in the area of Patent has once again nudged Bayer, the pharmaceutical giant against Ajanta Pharma. Bayer produces a medicine which cures erectile dysfunction. Very recently the plaintiff was awakened by the fact that the defendant has already started marketing and manufacturing

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Reclaiming copyright

Reclaiming copyright

This copyright case involves the ownership interest of copyright over certain musical works which Paul Mc Cartney co-authored with former members of Beatles. The defendants in this case are the publisher company holding the copyright interest in the works which are in the name of

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Willingly willow

Willingly willow

The cases on trade marks has traversed a long way to the ancient world of the tea when people of Scotland were accustomed to the famous Willow tea rooms and it came to be associated with the services rendered by the owner. In this connection

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Priority and EPC

Priority and EPC

The entitlement of partial priority has been dealt recently by the Board of Appeal and has held in its decision that partial priority may not be refused only for a claim embracing alternative subject matter by virtue of one or more generic expressions. The partial

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Trans-border reputation: time to think!!!

Trans-border reputation: time to think!!!

Few days back the Delhi High Court has pondered upon the trans-border reputation and has laid down a detailed guideline for determining the trans-border reputation in India. There have been judgments penned down by the Court establishing trans-border reputation of the trade marks which are

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