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Landmark Trademark Battles: Shaping Brand Protection Globally and in India

IP and Legal Filings

Protection of trademarks is important for the following reasons: Preservation of brand identity Prevention of customer confusion Business investment protection Fair Competition Innovation in branding Famous infringement cases within the areas of intellectual property underline complex legal issues and stakes involved. Dongre and Ors.

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Harpic v. Domex:Product disparagement or nominative fair use?

IP and Legal Filings

Introduction Advertising is an important strategy for a company to sell its products to the customer. Advertising generated awareness about a particular product in among the masses and the reaction of the masses decides the fate of the product. To increase their sales, often companies indulge themselves in comparative advertising.

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Hollywood & Netflix Demand Millions From Pirate Streaming Giant PrimeWire

TorrentFreak

In pirate streaming, in part due to the way sites tend to copy each other’s branding, obvious long-standing players are less easy to identify. However, one platform that has stood the test of time is PrimeWire, which in one form or another has been around for perhaps eight years – even longer if its previous branding 1channel.ch

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Team-Xecuter’s Gary Bowser Pleads Guilty to Criminal Charges

TorrentFreak

Among other things, he allegedly advertised and trafficked circumvention devices, while maintaining regular contact with resellers throughout the world. Bowser’s involvement started in June 2013 and continued until his arrest last year. According to the indictment, Bowser was more than just a writer. Bowser Pleads Guilty.

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Megaupload Fugitive Arrested By Armed Police 11 Years After The Raid

TorrentFreak

A talented graphic designer, Bencko was responsible for Megaupload’s logo and ensuring that other sites in the group looked good and accommodated advertising properly. With his former colleagues’ names rarely out of the media for long, Bencko spent much of 2012 and early 2013 retweeting news about the Megaupload case.

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Finding the Real “Burger King”: Identical Marks & Prior Use in the Pune Eatery Case

SpicyIP

In Mohan Meakin Ltd v AB Sugars Ltd (2013), wherein the mark TALL MOM was deemed identical to OLD MONK on grounds of phonetic similarity, despite the difference in product categories (former being country liquor and latter being Indian Made Foreign Liquor), the Delhi HC found infringement under section 29(2)(c), while presuming consumer confusion.

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Be Bold but Never Break the Trademark Mold:Implications of Delhi HC’s Decision in PepsiCo v. Parle Agro

IP and Legal Filings

PepsiCo had registered the tagline “For the Bold” as a trademark in 2013 for its Doritos tortilla chips and used it extensively for promotions when it was launched in India in 2015. As evidence, advertisements featuring on Parle’s Facebook Page on 28 th November 2020 and 3 rd January 2021 were presented before the court.