Category: Trademark
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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Don’t google it: Search it on Google
January 14, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 9:50 am
Often the big leviathans try to get hold of small fishes in the water and get away easily. Same is true in the keyword policies of the big giants like Amazon, Uber seeking to divert the traffic of the small ones. Recently Flintobox, a Chennai
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Jurisdiction in trade mark cases: settling for the unsettled
January 13, 2017
Biswajit Sarkar - IP Law Firm India
Post time: 12:31 pm
The jurisdiction under the trade marks law has always been under the clutches of misinterpretation and misuse by various IP owners in India. Though a well settled provision of law governs the scope of jurisdiction under the trade marks Act, 1999, still a torment has
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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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