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Exide India, a company incorporated within the laws of India, have for long been using the mark EXIDE in India. So much so that, the word EXIDE refers to the products of Exide India only. Such exclusive recognition has been earned by virtue of long, continuous and uninterrupted use of the markRead More
On May 5, 2017 an interesting principal of law was put forward by the Bombay High Court in Ajanta Pharma Limited v. Theon Pharmaceuticals Ltd and Anr. Herein the term “likelihood of confusion” is categorically explained in light of the provision of Section 29 (1) and (2) of the Trade MarksRead More
Recently, an interim injunction was granted by the Bombay High Court in the Bhaktivedanta Book Trust v. Thomson Press (India) Ltd & Anr dealing on the intricate issue of copyright in translations. Viewing the facts of the case, it may be noted that the Plaintiffs are the copyright holder ofRead More
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Cyber Squatting as we know, refers to the wrongful practice of registering well-known company or brand name/ trademark/ trade names as a domain name in view of selling them thereafter to the original and bonafide proprietor and/or adopter of such well-known company/brand names. Such activitiesRead More
Mother Dairy Fruit & Vegetable Pvt. Ltd. is a wholly owned subsidiary of National Dairy Development Board (NDDB), established and constituted under the National Dairy Development Board Act, 1987. The said body corporate is the registered proprietor of the trademark “MOTHERRead More
The word (not trade mark) “Superhero” was first used in 1917, to refer to “a public figure of great accomplishments”. Meaning, back then a “Superhero” was nothing more than a “human superior than its lot”. Probably the first fictional character to be called a “Superhero” wasRead More
The immortal show from the 1990s came live when people learnt that a same themed restaurant came into being. The theme as unoriginal as it can be is brilliantly put to commercial use. The idea as put to use successfully violates the intellectual property rights of the National BroadcastingRead More