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New CJEU referral on interplay between bad faith and trade mark functionality

The IPKat

Among other products, CeramTec markets a pink-coloured hip-replacement implant. It also argued that the pink colour was not part of a marketing strategy, but rather the result of the chromium oxide, present in the implants and covered by the now-expired patent. Coorstek’s counterclaim was essentially based on Art.

Art 64
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Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision?

SpicyIP

Image from Rick Harrison, here Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. Rather, it can be invoked as an active defense against an infringement suit.

Trademark 105
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The Law Of Trademark In India: Infringement And Remedies

IP and Legal Filings

Certain conditions are not deemed trademark infringement under Section 30 of the Trademark Act. If someone has a licence from the registered trademark owner, it is not considered an infringement because the licence is granted under an assignment agreement. Registered Trademark. Unfair Advantages.

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The Law Of Trademark In India Act 1999: Infringement And Remedies

IP and Legal Filings

Certain conditions are not deemed trademark infringement under Section 30 of the Trademark Act. If someone has a licence from the registered trademark owner, it is not considered an infringement because the licence is granted under an assignment agreement. Registered Trademark. Unfair Advantages.

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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. 6] Section 9(2)(b) of the Indian Trademarks Act, 1999.

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FLY HIGH vs FLY HIGHER, Delhi High Court Decides Upon Infringement of a mark not being used as a Trademark

Selvam & Selvam Blog

vs Tata Sia Airlines Limited CS(COMM) 54/2022 was instituted by Frankfinn to refrain Tata from using their registered trademark ‘Fly High’. vs Gujarat Co-Operative Milk marketing federation LTD. & The case, Frankfinn Aviation Services Private Ltd. that is not capable of acting as a source identifier.

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Trademark Infringement in the Digital Age

IP and Legal Filings

Introduction In today’s digital economy, trademarks play an important role in developing a brand’s identity, establishing customer trust, and assuring market competition. Trademark violation raises significant issues. The registration and management of trademarks was another essential component.