Yearly Archives: 2021

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2021
Trademark-infringement-IN-india

INFRINGEMENT BY REGISTERED PROPRIETOR OF A TRADEMARK

In the case of Consolidated Foods Corporation v. Brandon and Co., Private Ltd. – AIR 1965 Bom 35, it was observed that “Priority in adoption and use of a trademark is superior to priority in registration”. N.R. Dongre and Ors. Vs. Whirlpool Corporation and Anr. – 1996V I A D(SC)710 In the instant case, the Hon’ble Supreme Court of India confirmed with the observation of the Division Bench which states that “From the aforesaid facts including the extensive advertisements of the goods
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Filing of International Application through Madrid System

Filing of International Application through Madrid System

What is an International IP Registration? An International IP Registration allows applicants willing to seek protection for their IP in various countries by filing a single and uniform IP application form, and the IP can be registered in all member states to the treaty governing the international application system, through that single application.  The Madrid System The Madrid System for International Registration of Marks (the Madrid System) is governed by the Madrid Agreement Concerning the International Registration of Marks (the Madrid
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gi registration lawyers in delhi

Geographical Indications and The Curious Case of ‘Basmati’

“A Geographical Indication (GI) is a sign identifying a good as originating in a specific geographical area and possessing a given quality, reputation or another characteristic that is essentially attributable to that geographical origin”. Accordingly, the main purpose of a GI is to establish an association between the quality, characteristics, or reputation of a good and its territory of origin. Although foodstuffs or agro products are usually where GIs tend to find most usage, it also extends to other items for
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Intellectual-Property

Crucial Agreements Required by Technology-Based Start-Ups to Secure Intellectual Property

Technology-based start-ups essentially face several challenges that they must be prepared for, but intellectual property concerns are definitely at the top of that list. This is including but is not limited to, developing a product, hiring qualified employees, raising capital, and more. With all of these issues, intellectual property can feel distracting, expensive, or contrary to the goals of just getting a product to market before someone else does. The value of the intellectual property as an asset thus increases multi-fold.
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copyright-registration-lawyers-in-delhi

Copyrights Involved in Photography

The Indian Copyright Act, 1957 complies with most international treaties such as the Berne Convention for protection of Literary and Artistic Works 1886, The Universal Copyright Convention 1951, The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1995. The International Copyright Order has been passed to protect the copyright/copyright lawyers in Delhi in member countries of the convention and agreement. Similarly, foreign artistic works are also given protection in India. Although the quality of the photograph is immaterial,
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Anti-Dissection-Rule-in-Trade-Marks

Anti-Dissection Rule in Trade Marks

Trademarks play an important role whenever there arises a topic of conversation on the state of a business or brand and its success. This unique identification may be based on the colour scheme, logo, brand name, a certain way of representing the said name and logo, etc. That establishes the ground for the argument that trademark registration is the foundation to effective branding strategies. Registration and enforcement of trademarks however remain complicated processes that regularly encounter roadblocks whereby companies both big
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PRIVATE EDUCATIONAL INSTITUTIONS AND PATENTS – A NEW WAKE OF OPPORTUNITIES

Intellectual Property (IP) is an extremely significant asset to a nation. The value of a nation in the global economy is often determined by its strength in the field of IP. Thus, the IP laws of a developing country like India must keep pace with the changing times and promote prosperity and protection of rights by way of its laws. For IP rights holders, times like these are especially challenging, and a fortified IP scheme could infuse some energy for recuperation/best
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trademark-registration-in-chandigarh

GLOBAL ECONOMY AND TRADEMARK RIGHTS –

INTRODUCTION: If a global market is taken into account, the scope of use and protection of trademarks extends beyond the basic standards for trademark infringement; that means, the usual ‘likelihood of confusion’ parameter is not apt to judge the case. When we speak of well-known marks, both the perspectives – one, from that of the owner of a well-known mark and two, from that of a new entrant into the market – this becomes even more apparent. There exists no ‘global
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Registration-of-Well-Known-Trademark

TERRITORIALITY VS. UNIVERSALITY – THE RISE OF DEBATE:

FOUNDATIONAL PRINCIPLES: The doctrine of Territoriality – A sovereign state according to the provisions of its domestic laws, grants trademark rights. The principle of territoriality states that this right does not go beyond the boundaries of such a sovereign state. In simpler words, it means that a well-known trademark can only be considered so within the nation’s territory as its reputation is limited that way. The right granted recognizes a well-known trademark/best Design registration lawyers in Delhi within such limits and
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REGISTRATION-OF-DESIGNS

REGISTRATION OF DESIGNS IN INDIA

Developing and creating new designs require creativity as well as a monetary investment. Therefore, the individuals expect to have exclusivity over the rights, which are provided by the law. Registration of designs provides exclusive rights over creation to the creator and excludes unauthorized use by third parties. Registration of designs and the procedure to be followed for registration is laid down in Chapter II of the Designs Act, 2000. To get a design registered, an application is made to the Controller
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