Monthly Archives: December 2021

INFRINGEMENT-BY-REGISTERED-PROPRIETOR-OF-A-TRADEMARK

Relevant Sections of the Trade Marks Act

In the infamous case of The Coca Cola Company V Bisleri International Private Limited and Ors. – an issue arose as to whether the plaintiff had the right to register the trademark ‘MAAZA’ outside India. The defendants had sold their trademark rights, formulation rights, know-how, and goodwill of some of their soft drink products, including ‘MAAZA’, to the plaintiff through an agreement. In 2008, the defendants learned that the plaintiff had filed for the registration of the trademark ‘MAAZA’ in Turkey.
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
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
Facebook-to-meta

FACEBOOK TO META

Facebook, which now seeks to be known as Meta, recently encountered an issue as it attempts to register the trademark. It has come to light that ‘Meta’ is already applied for as a trademark by an Arizona-based start-up; the founder of which Zach Shutt says that Meta PC first began using the brand for its range of products in November 2020 and has now applied for its registration before the United States Patent and Trademark Office. The said company is already
NFTs and Intellectual Property

NFTs and Intellectual Property

Non-fungible assets (NFTs) are basically digital copies of highly valued original work that exists on a blockchain. For encoding, software similar to many cryptos is used, and all the buying and selling happens online. The authenticity of all such assets is verifiable online since most of the buying happens through cryptocurrency or in dollars, all of which are recorded as a part of transactional records. While anyone can view the NFTs, the buyer has the status of being the official owner