Category: Trademark
Michael ‘dunked’ yet again
June 3, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 11:12 am
Basketball is a sport played by all. It is a very popular sport all over the world and perhaps the most famous basketball player known to the world is Michael Jordan. Over the years he has played brilliantly and is owner of
Read More
The Brand Beckham
May 31, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 10:16 am
When you hear the word, ‘Beckham’, all you can think of is the beautiful Beckham family. The family of six consisting of former footballer David Beckham, Victoria Beckham and their children Brooklyn, Romeo, Cruz and Harper are all part of the trademark brand Beckham’. Harper,
Read More
Courts are silent over online market’s trade marks infringement
April 6, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 2:11 pm
The online intermediaries have been laying an active role in the across the globe and it is not new to the international jurisdictions to adjudicate in the cases where there have been infringement by third parties. But the laws in India are still uncertain in
Read More
Bend it like Bentley
March 20, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 1:35 pm
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
Read More
Passing off “NOW”
March 18, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 1:00 pm
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
Read More
Well-known – ness on the go!!
March 16, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 7:42 am
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
Read More
World of Ad words
February 27, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 12:37 pm
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.
Read More
The “Aone” – Audi”
February 24, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 9:32 am
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
Read More
Willingly willow
February 10, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 1:13 pm
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
Read More
Trans-border reputation: time to think!!!
February 3, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 1:02 pm
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
Read More