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19] Being able to distinguish one’s trademark falls at the centre of the trademarklaw, as otherwise, it is liable to be rejected under Section 9(1) of the Act. Sowmya Krishnan, Registrability of non-traditional trademarks: A critical analysis , 6 IJRAR 914, 916 (2019). 8] West Bengal State Warehousing Corporation v.
Such disputes, very often setting important legal precedents, influence trademark protection and enforcement globally. FAMOUS CASES OF TRADEMARK INFRINGEMENT 1.Foreign Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents.
Abstract In the changing landscape of intellectualpropertylaw, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers.
She is intrigued by the field of IntellectualPropertyLaw and wishes to explore the same.] This results in common claims of ‘disparagement’ in trademarklaw. Furthermore, it was held that there was no infringement of trademark under section 29 of the Trademarks Act (‘the Act’). Image from here.
He was unmistakably aware of the nuances regarding colours in trademarklaw. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Notwithstanding the essence of this finding, this is too narrow an interpretation of the true spirit of trademarklaw. 131, 132-133 (2020). [2]
To prevent the undue usage of their goodwill and branding celebrities used to get their names registered under the trademark act. The term ‘Celebrity’ is not defined in the IntellectualPropertyLaw in India; however, the Indian Copyright Act defines the term “performer” which is a wider expression and may include the word “Celebrity”.
Jaitley’s right and pronounced that any person may be restrained from using the names of popular or well-known celebrities, when the particular name is a well-known trademark as envisaged under the basic principles of trademarklaw and thatcelebrity is entitled to use his name for commercial purposes. 2662/2011 Douglas v.
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