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We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Serious Comparative Advertising: Broadening the Definition. It allowed the advertisement but asked the company to remove the reference to the detergent soap. Sangita Sharma.
She settled on the brand name Katie Perry and started her own fashion label in 2007. Katy Perry is a famous American pop artist, who was born Katheryn Hudson, but adopted the stage name Katy Perry in 2002. Her management team set up a web-store by 24 September 2008 to advertise and sell such merchandise.
To profit on the reputation of another brand, competitors began copying marks or acquiring deceptively similar trade marks with a desire to obtain the goodwill of well-known marks. The ‘Cycle’ brand is registered under various classes which include food products and incense sticks, dhoop, hair oil, etc.
The majority says this case is easily resolved by its 2002 Revell precedent (a progeny of the legendary, and legendarily bad, 1997 Zippo precedent ): Our decision in Revell requires dismissal. Branded tees and coffee mugs have nothing to do with Johnson’s libel claim. First, HuffPost displayed ads from Texas-based advertisers.
The plaintiffs argued that the in Parle Agro’s label, “For the Bold” was prominently displayed and emphasis was given to the contested tagline in all the advertising campaigns. As evidence, advertisements featuring on Parle’s Facebook Page on 28 th November 2020 and 3 rd January 2021 were presented before the court.
Subodh Chachra Proprietor Of M/S Expose vs V2 Promoters Pvt Ltd on 3 March, 2025 (Delhi District Court) the plaintiff, owner of the trademark “X’POSE” for apparel, sued the defendant for infringing and passing off its brand name in the hospitality sector through “XPOSE LOUNGE.” Citing Jaisuryas Retail Ventures v.
The "Easy" group is famously protective of its trade marks, and does not shy away from suing other companies using "easy"-formative brands. Background The Claimant, EasyGroup Ltd (EasyGroup), is part of the well-known "Easy" group of companies controlled by Sir Stelios Haji-Ioannou, the founder of easyJet. The Court disagreed.
By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. Hotels and restaurants must get their brand names and logos registered as trademarks for the ease of operating a business in India. Trademark for the Taj Mahal Palace Hotel.
CIPL) from infringing the French brand Lacoste’s iconic “Crocodile” device. Effectively, the Court has permanently restrained CIPL’s use of the mark through manufacturing, selling, offering for sale or advertising the products on which it was affixed. While Lacoste too was directed to advance Rs.
But linguistic wordsare often very common and if used exclusively, will be incapable of distinguishing a particular brand from another, in addition tobeing hit by the provision of Section 9(1)(b) of Trade Marks Act, 1999. Trademarks must have a distinguishing capacity and must be ‘distinctive’ in itself. Jitender V. Jain and Anr.,
The Defendant had claimed that the idea of the ‘advertisement’ of the Plaintiff’s recent product launch has been copyrighted by the Defendant. The Court held that this interpretation will apply to the 2017 Rules as well, despite the removal of the one-month extension period, as the discretion of the Registrar remains absent therefrom.
The average consumer of this type of product is accustomed to this type of position trade marks and, in principle, can be guided by them when purchasing the product ( R 938/2000 , R 813/2002-1 ). The public has become accustomed to identifying a particular brand of running shoe or sports shirt based solely on a distinctive sign.
A very common way of marketing a product is to have it advertised and endorsed by celebrities that the public holds in good opinion. 893 of 2002 (Del) (India). [2] In this technologically advanced age, success or failure of a business depends heavily on the marketing strategies that have been adopted. 2] CS (COMM) 819 of 2022. [3]
Not only is a trademark essential for the consumer, but for businesses without a trademark, a company may lose out on customers or profits, as trademarks are quintessential for successful business advertising. How to Franchise your brand name. Whether big or small, any business seeks to expand and flourish beyond its boundaries.
Not only is a trademark essential for the consumer, but businesses for without a trademark, it is possible that a business may lose out on customers or profits as trademarks are quintessential for successful advertising of a business. The most crucial section in this regard is Section 49 of the Act. Tyfield Importers Inc. 3d 589 (9th Cir.
Petitioner’s actions and communications stating that it no longer had any NAKED brand condoms in the United States so that it should be 'clear sailing' for Respondent to launch its NAKED brand condoms caused Respondent to reasonably believe that any rights Petitioner had in the NAKED trademark for condoms had been abandoned.
When you file for a trademark in India, an indispensable requirement is finding out the trademark classification of your goods or services under which you must file your brand. The Fourth Schedule to the Trademark Rules, 2002, lays down the different trademark classes. Trademark Classification. Class 37.
SS Vape Brands, Inc. The Board has long recognized that the 'Internet is such a pervasive medium that virtually everything is advertised and sold through the Internet.'" The vape/smoke shops offer Opposer’s MONSTER and MONSTER ENERGY beverages in coolers displaying third-party brand names (e.g., Monster Energy Company v.
But a prominent bar to such registration shall appear when the colour would be used in relation to a product denoting the quality or function of the product [28] —for example, registration of the colour ‘red’ for a brand of apple juice. 15] Sieckmann (C-273/00) EU:C:2002:748 [2003] Ch 487 [16] Vatsala, Supra note 2, at page 129. [17]
Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention. They were able to invest in IP protection, research and development, and advertising.
Most importantly, it helps a business establish itself as a brand. This unauthorized use is generally executed to make economic gains using the brand or business of another through the trademark which is imitated in such a manner that it holds the potential to deceive people about its authenticity.
If you are an organization that handles customer information, it is essential that you have a comprehensive understanding of data privacy to avoid costly consequences and damages to brand reputation. 2002: The Sarbanes Oxley Act (SOX). How Do State-specific data privacy regulations affect businesses?
If the property of a person can be protected, likewise, when a popular celebrity like Amitabh Bachchan faces possible harm regarding his brand, the same can be protected under his right to publicity. Additionally, there are provisions that accord protection to publicity rights under the Constitution of India, and the Competition Act, 2002.
BGL and its subsidiaries ( BGL Group ), including Manolo Blahnik, manufacture, distribute and sell luxury shoes and accessories bearing the “MANOLO BLAHNIK” name and brand, which are sold in over 65 countries including Australia. 02 Jul 2002. 22 Oct 2002. Trade mark. Priority date. Class 25: Footwear in this class. 04 Aug 1995.
The Supreme Court of Canada last considered the definition of “inventor” in 2002, but has yet to consider whether it would include non-human entities. While filing trademarks is important for brand protection, the examination stage can take upwards of two years to complete. Trademark Law. Parody in Trademarks is No Joke.
CCI , the Delhi High Court held that Chapter XVI of the Patents Act is a complete code in itself and overrides the Competition Act, 2002. Doing this was regarded as essential to avoid stifling local industry and balance global brand reputation with the interests of national enterprises and consumers. CCI and Monsanto v.
Trademark and branding roles in Business Strategy Due to fierce competition in India nowadays, having a brand is essential. Branding also refers to a company’s brand and its products’ identification, standards, and warranties. A trademark primarily serves as a legal indication.
Matt Sag: What looks like an increase over time may be an artifact of the way cases became available on WL post-2002 or so. Their studies: we might see tarnishment in the brand context, and stronger among conservatives. Control to tarnishment—They rated the brand as stronger if they saw the tarnishing stimuli.
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