Act for Acts
Limits on effect of registered trademark: Nothing in section 29 shall be construed as preventing the use of a registered trademark by any person for the purposes of identifying goods or services as those of the proprietor provided the use. Is in accordance with honest practices in industrial or commercial matters and Is not such as to take unfair advantage […]
Continue reading »Effect on view – Strong evidence: The strongest evidence of colorable imitation is from the view itself Types of witnesses: The customer who is a witness must be one who holds the plaintiff’s goods by reason of their distinguishing characteristics. It seems to be sort of popular notion of some witnesses that, in considering whether the customers are likely to […]
Continue reading »Decree for injunction to the plaintiff and the defendant. Decree to be specific: The decree must be reasonably specific as to acts which are prevented. Injunctions are sometimes passed in general terms such as form otherwise in any manner whatever unfairly competing with the plaintiff. These can serve only to create a moral effect or an atmosphere in terrorum but […]
Continue reading »Here, we are going to discuss what is the permanent injunction of a trademark in detail with some real time examples to understand better. Permanent injunction: Permanent injunction is granted or denied at the discretion of the court after investigation of all the facts at the trial. This discretion “when applied to a court of law means discretion guided by […]
Continue reading »A trade mark is considered as an important aspect of your business, it plays a crucial role in shaping the first impression of the services or the products offered by the company. Trademark surely helps to distinguish you from other competitors and helps you stands out. You actually create a unique asset when you select a mark that will add […]
Continue reading »Infringement of reputed and registered marks – Use on dissimilar goods or services: The rights of well-known trademarks which are the subject matter of expanded protection under article 6 bis are confined to goods or services similar to goods or services for which it is registered or used. Protection of trademarks in relation to use on different goods or […]
Continue reading »Remedies with respect to infringement under the copyright law: It would be useful to have an insight into copyright law for a proper understanding. There are three types of remedies against infringement of artistic copyright which may be available in respect to a trademark label etc. qualifying as an artistic copyright. These are civil remedies, criminal remedies and administrative remedies, […]
Continue reading »Production of goods under foreign trademark: Modern times have seen the advent of powerful MNCs that market their products world wide and exploit their technological skills and prestigious trademarks or market power by establishing production facilities in various countries. A foreign concern or an MNC with or without an Indian collaborator may choose to establish production facilities in India. It […]
Continue reading »Protection of Intellectual Property Rights India develops and encourages more entrepreneurship and innovation. By en routing the nation to the entrepreneurial ventures drive innovations and a massive growth, this can be accomplished by introducing and encouraging the creativity of new products, business models and solutions. With the support of policy makers and the aspirations towards business lead the country enter […]
Continue reading »Rights of well-known trademarks in the prospective from commencement The existing trademarks which qualify into the new category of well-known trademarks would enjoy rights even in relation to different goods or services and would be able to oppose the registration and or infringement under new rights. Other similar trademarks to well-known trademarks could thus be in conflict with well-known trademarks […]
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