Trade Marks Act 1999

18th Sep, 2018

Jurisdiction of the Court for Trademark Infringement can be invoked under CPC or Trade Marks Act

The Delhi High Court in the instant matter gave a wide interpretation as to what constitutes “use of a trade mark”. Court has held that in a trade mark action, use of mark includes not […]
4th Aug, 2018

Proprietor of a Trade Mark cannot enjoy monopoly over the entire class of goods

The Supreme Court in M/S. Nandhini Deluxe vs. Karnataka Co-Operative Milk Producers Federation Ltd. [CIVIL APPEAL NO. 2943-2944 OF 2018], decided on 26.07.2018 has held that the proprietor of a trade mark cannot enjoy monopoly […]
25th Feb, 2016

IPAB has exclusive jurisdiction to consider and decide upon trademark registration invalidity #indianlaws

Delhi High Court has held that IPAB has exclusive jurisdiction to consider and decide upon the merits of a plea of trademark registration invalidity – applying Section 47 and 57 of the Act- in the […]
1st Dec, 2014

Importer of product cannot claim to be proprietor of label mark belonging to Exporter

In order to claim the proprietory right on the trade mark of the exporter, the importer has to show that the mark has become inextricably connected with him in the eyes of the public. 
12th May, 2014

Law of Infringement – The essential governing legal principles #indianlaws

Law of Infringement of IPR
23rd Jan, 2014

Trans-Border Reputation in laws of Trademark

Trans-Border Reputation in laws of Trademark
2nd May, 2013

Gulabari vs. Gulavari: Delhi High Court decides in favour of Dabur India Limited

GULAVARI was bound to cause confusion in the mind of the consumers about the source of the rose water on account of its deceptive similarity to Dabur’s registered trade mark GULABARI