Category: Trademark
well-known-ness redefined
January 12, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 1:02 pm
A win-win situation is on the go with Mother Dairy winning the trade mark infringement battle against unscrupulous trader. The Delhi High Court at the inception of this New Year has startled the Milk industry with its overwhelming decision on the misuse of Mother
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New Formula One Edition
December 31, 2016
Biswajit Sarkar - IP Law Firm India
Post time: 12:30 pm
In a very recent ruling of the Delhi High Court the trade mark of the Formula One came up with flying colors again. The Court has overruled the ruling of the Advance Authority Ruling (AAR) on the issue of usage of trade marks and logos
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Sephora “Drunk Elephant” caught in up a Trademark infringement case
November 29, 2016
Biswajit Sarkar - IP Law Firm India
Post time: 11:14 am
A trademark infringement suit has been filed by the Green Heart Labs in US District Court on November 4th, claiming that Drunk Elephant Brand of Sephora (online and in stores) is infringing the mark ‘Aha! Moment’. According to the lawsuit, even after the notice was
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Trade Mark Registration in Bangladesh
August 20, 2016
Biswajit Sarkar - IP Law Firm India
Post time: 4:55 pm
In Bangladesh, the laws related to trademark are governed by the Trade Marks Act 2009 and the Trade Marks Rules, 1963 and is obtained through the Department of Patents, Designs and Trademarks (DPDT). The pre-required essentials for filling of Trademark Application are Name of the
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Trade Mark Registration in Bhutan
August 20, 2016
Biswajit Sarkar - IP Law Firm India
Post time: 4:52 pm
The trade mark filing process in Bhutan is governed and regulated by Industrial Property Act of 2001. An unregistered trademark can also be used but once a trademark is registered, the owner of the trademark has exclusive rights over the mark. Bhutan also follows the
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Trade Mark Registration in Nepal
August 20, 2016
Biswajit Sarkar - IP Law Firm India
Post time: 4:46 pm
In Nepal, the law related to trademarks is governed by the Patent, Design and Trademark Act 1965. Trademark can be protected on the basis of its registration and the claimant can also acquire such rights by sufficient public recognition. A trademark application has to file
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Three Dimensional Trademarks and the EU scuffle
August 1, 2016
Biswajit Sarkar - IP Law Firm India
Post time: 9:47 am
Earlier in the previous year, Nestle` had filed an application for trademark registration in the UK for registering its four fingered bar of KIT-KAT as a three-dimensional mark. Nestle` has been one of the biggest companies that enforce Intellectual Property Rights to a commendable extent. So far,
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The Sun (Pharma) sets for Cadila HealthCare on VENZ
July 26, 2016
Biswajit Sarkar - IP Law Firm India
Post time: 6:28 am
The Madras High Court decided in favour of Sun Pharma in the Trade mark dispute between Sun Pharmaceuticals and Cadila Healthcare over the deceptive use Sun’s trade mark VENIZ. Sun Pharma had adopted the trade mark VENIZ in August 2000, for medicines to treat depressive
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#Hashtag Protection under Trademark Laws
July 22, 2016
Biswajit Sarkar - IP Law Firm India
Post time: 12:16 pm
With evolution of the present social media, hash tags have become an importing marketing tool. And thus, very frequently hashtag protection as intellectual property is thought of. Hashtags, are not designs or inventions thus, aren’t protectable under patent or design laws. They are too small
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Toyota is the ‘PRIUS’ User
July 20, 2016
Biswajit Sarkar - IP Law Firm India
Post time: 12:20 pm
The Delhi High Court, decided in favour of automobile giant Toyota in a case against Prius Auto Industries and Prius Auto Accessories Private Limited. In a 7 year old battle, Toyota contested that Prius Auto Industries had used Toyota’s trademark ‘Prius’. Prius was Toyota’s first
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