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Vans v. FCB: Taking a Look at the Delhi High Court’s Restrictions on the Rights of Well Known Trademarks vis-a-vis Prior Use

SpicyIP

In this post, I have briefly discussed the judgement and analyzed what it could mean for the proprietors of well-known trademarks and other proprietors. The petitioner, Vans Inc, USA, filed for registration of their mark- VANS in 1992, on a ‘proposed to be used basis’. The mark was published in 2005 and was registered in 2006.

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The Interplay between Religious Sensitiveness and Trademark Law in India

IP and Legal Filings

The Trademarks Act of 1999 does not forbid the use of names of gods or goddesses, religious symbols, or figurines in and of themselves; But it simply limits the registration of the mark under the Trademarks Act’s Section 9(2)(b), as is shown while reading the clause. 4] Section 9(2)(b) of the Indian Trademarks Act, 1999.

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Personal Names and Trademark Protection

Biswajit Sarkar Copyright Blog

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Registration of Famous Names.

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SpicyIP Weekly Review (July 31- August 6)

SpicyIP

Sabu Trade Private Limited vs The Registrar Of Trade Marks on 2 August, 2023 (Bombay High Court) The dispute pertained to the question of whether the Trademark Registry can make “typographical corrections” in registered trademarks? Passing a summary judgement, the Delhi High Court restrains the Defendant from using ‘Whitehat Sr.”

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IP as Collateral

IIPRD

The risks include unauthorised use and infringement, technological obsolescence, and the marketable nature of IP as collateral. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. The pendency in IP registration applications have also decreased. Trademark as Collateral in the US.

IP 40
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SpicyIP Weekly Review (December 18- December 24)

SpicyIP

Other Posts Journey Through “Novembers” on SpicyIP (2005 – Present) Sift through the pages of November(s) posts on SpicyIP in another round of SpicyIP flashbacks by Lokesh. The Respondent/ Opponent was a well-known Chennai based company using its registered BSA mark for selling bicycles and related goods. Inventprise Inc. and Ors. ,

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SpicyIP Weekly Review (May 8- May 13)

SpicyIP

Considering that the petitioner is the prior user of the mark and has an earlier registration, Delhi High Court directs the Trademarks registry to remove the respondent’s allegedly similar mark. Case: Holyland Marketing Pvt. Registrar to rectify the Register by removal of the impugned mark. 50,000/- to be paid to YSL.