Registering trademarks enables brand owners to stop others from using their trademarks and to prevent public confusion about the source of goods or services. However, certain exceptions permit the use of another’s trademark to describe the user’s products or services (as illustrated in Section 30 of the Trade Marks Act, 1999: Limits on the effect of a registered trade mark).
Continue reading “Descriptive Use as a Defense to Trademark Infringement in India”Category: INTA
Delhi High Court Sides with ADIDAS in Dismissing Claim of Prior Use
The Delhi High Court granted a permanent injunction and monetary damages against the defendants in Adidas AG (plaintiff) v. Keshav H. Tulsiani & Ors (defendants) [CS (COMM) 582/2018], restraining them from manufacturing, selling, marketing, or trading textile goods under ADIDAS marks or any other deceptively similar marks.
Continue reading “Delhi High Court Sides with ADIDAS in Dismissing Claim of Prior Use”Diversity Champions: Walking the Walk
Diversity and inclusion can be a challenge to get right but the benefits can be felt across organizations. International Trademark Association (INTA) & World IP Review (WIPR) spoke to members of IP fraternity including those at the start of their diversity journey, as well as those who have paved a path for others to follow. The Indian perspective was given by Hon’ble Justice Prathiba M. Singh of Delhi High Court and Abhilasha Niroola of Mehta & Mehta Associates (MehtaIP). You may continue to read what they and other Diversity Champions had to say:
Continue reading “Diversity Champions: Walking the Walk”Paving the Way for VOLVO’s Journey of Prevention
In an order seen as reinforcing brand owners’ faith in the trademark protection afforded by India’s courts for trademarks, foreign automaker Volvo suspended the defendant from using the VOLVO trademark online.
Continue reading “Paving the Way for VOLVO’s Journey of Prevention”Court Finds No ‘Magic’ in Noodle War
The Madras High Court recently denied a plaintiff monopoly rights over the expression “Magic Masala,” reinforcing the notion that exclusivity cannot be claimed over words which are common to the trade. It also highlighted the importance of choosing brands and marks wisely before promoting them since non-distinctive and inherently weak marks are difficult to enforce against use by others.
Continue reading “Court Finds No ‘Magic’ in Noodle War”Dettol Halts Sale of Infringing COVID-19 Product
A recent case in the Delhi High Court provided another good example of how the COVID-19 pandemic is creating new challenges for brand owners, highlighting the importance of safeguarding brands against infringement. Continue reading “Dettol Halts Sale of Infringing COVID-19 Product”
‘Formerly Known As’ Does Not Bypass Infringement
A recent case in India set an interesting example for brand owners looking to change their trade names in view of risk of potential trademark infringement and also highlighted prompt action by Indian courts in injunction matters. Continue reading “‘Formerly Known As’ Does Not Bypass Infringement”
Khadi Takes Measures to Protect Its Trademark Globally
“Khadi” is a generally known expression for hand-spun and hand-woven Indian fabric. It holds historic significance for its role in India’s freedom struggle. Over the years, it has become a symbol of Indian textile heritage and has evolved in fashion. Continue reading “Khadi Takes Measures to Protect Its Trademark Globally”
Members of Mehta & Mehta Associates (MehtaIP) Selected to INTA Committees
We are pleased to share that Ms. Abhilasha Niroola and Mr. Akshay Mehta, have been respectively selected in Bulletins Committee and Non-Traditional Marks Committee of International Trademark Association (INTA) for 2020 – 2021 term. Continue reading “Members of Mehta & Mehta Associates (MehtaIP) Selected to INTA Committees”
INTA 2019 in Boston #Event
Mehta & Mehta Associates (MehtaIP) was at INTA 2019 from 17th May 2019 to 22nd May 2019 at Boston. As always, it was pleasure to meet friends and colleagues from IP fraternity. Looking forward to seeing you all again during INTA2020 at Singapore. Continue reading “INTA 2019 in Boston #Event”
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