Category: Trademark
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
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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
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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
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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.
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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
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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
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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
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The Delhi High Court again!!!!
February 2, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 12:57 pm
The trade marks law has expanded from time to time incorporating various changes by way of amendments. Earlier the trade marks law in India was governed by the trade and Merchandise Act, 1958. This Act defined the permitted use as use by a registered proprietor
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There is no rescue…
January 19, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 8:37 am
While the people have just recuperated from Christmas celebrations all over the World, the Federal Court of Justice (BGH) has delivered a judgment having a great impact on the legal federation. In 2013 the BGH had come up with the ruling which pronounced recalling
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First to use: Re approved!!
January 19, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 6:00 am
We have seen many suits being filed in the Court pertaining to infringement and passing off, but this time the in the trade mark history of India the Court has handed down a judgment where mark is arbitrary in nature. The plaintiff, a small company
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