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Principle of Exhaustion of Rights – Parallel Importation Section 29 and section 30 of the Trademarks act, 1999 describes the principle of Exhaustion of rights of parallel importation of trademarks. Defendants distributing, retailing and selling grey market printers of the plaintiffs in the market and not the ones supplied by the plaintiff. The Printers being […]

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Challenge to injunction  Section 29 and 35 of the Trademarks Act, 1999 mentions the challenge to injunction of Trademark. As against the facts in the above referred decisions, in the instant case though the word ‘South’ is used, I have already discussed in detail about the manner in which it has been employed. Keeping in […]

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Interpretation or Cancellation of Trademark Sections 46(1)(b), 48(1), 48(2) and 56 of the Trade and Merchandise Marks Act,  read as under “Section 46 – interpretation or Removal from register and imposition of limitations on ground of non-use – (1) Subject to the provisions of section 47, a registered trademark may be taken off the register […]

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Infringement of Trademark of Google Adwords – Trademark Registration in Cochin Section 29 of the Trademarks Act, 1999 provides the details about the Trademark Infringement process and procedures. In the third document filed by Google viz., Adwords and AdSense Trademark Policy, it is stated that depending upon the region in which trademark rights are asserted, […]

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Trademark infringement and passing off of Two letter marks On a thoughtful consideration of the rival contentions, we are of the prima facie view that the Appellant not being a holder of registered trademark “PP” any case for infringement is made out and thus no injunction is liable to be granted against the Respondent PP […]

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Infringement of copyright, breach of confidentially, damages and delivery up etc. The constitutional right of free expression is powerful medicine in a society as diverse and populous as ours. It is designed and intended to remove governmental restraints from the arena of public decision, putting the decision as to what views shall be voiced largely […]

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Jurisdiction – Suit for declaration and permanent injunction of Trademark The said submission of the plaintiff is merit-less due to the following reasons:- That the jurisdiction once seen in the light of Clause 4 (k) of the policy read with the paragraph of the compliant, there is clear indication that the compliant has submitted to […]

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Infringement of Copyright Copyright is a type of intellectual property rights and provides you an exclusive right on your artistic works like art, music, cinematographic films. Section 14 and section 33 of Copyright Act, 1957 mentions the copyright infringement. If the owner of the artistic work finds his work is infringes and using by someone, […]

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Application for removal of Trademark The trademark brings you a unique identity among your rivals and it has some unique reputation of your brand. The trademark registration process is quite long process, it takes minimum of six months to register your brand name if it is a unique name. If you choose your brand name […]

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Registered design in respect of washing machine Undisputedly, the plaintiff’s product is designed to give distinctive appearances. The perusal of the photographs would reveal that all the washing machines are having rectangular shape. It is the first product of the plaintiff which is having rectangular shape on one side and semi-circular shape on the other […]

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