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Rooh Afza v. Dil Afza: A Classic Case of Deceptive Similarity
[This piece has been authored by Swastik Shukla and Divyanshi Shukla, students at the National Law Institute University, Bhopal.] INTRODUCTION In 2019, the official account of Bisleri, it was with photos of fake imitations of Bisleri like Belsri, Bilseri, and Brisleri. As the brand’s tagline notes, “the smart ones know that every bottle of water […]
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Revisiting the Paradox of Pharmaceutical Trademark Infringement in Light of Forzest v. Folzest
[This piece has been authored by Vismita Rathii, a student at the Gujarat National Law University.] INTRODUCTION “Prevention of confusion and mistakes in medicines is too vital to be trifled with” Intellectual property rights protection is becoming increasingly crucial for businesses as the global market are expanding ane industry participation is increasing. The pharmaceutical industry […]
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Transborder Reputation of Trademarks: Examining the Indian Trend
The authors discuss on the issue of the trans-border reputation of trademarks and make an argument in favour of universality.
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Does an Apprehension of Trademark Infringement constitute a Cause of Action under Trademark Law?
[This piece has been authored by Shubhank Suman, a student at the National Law University, Odisha.] Introduction Quia timet action is a Latin expression meaning, ‘because he fears’. It leads us to the concept where a plaintiff seeks an injunction in a court of law based on the apprehension that the defendant will hurt him […]
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Social Media Influencer: An Underdeveloped Concept in India
[This post has been authored by Vivek Sharma, a student at ILS Law College, Pune.] “The Defendant is falling under a nascent category of individuals, popularly known as “social media influencers” – J. Kathawala.[i] This is a sentence from a debated judgment pronounced by a single judge bench of the Bombay High Court which […]
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Battle of Marks: The PS5 Trademark Conflict
[This post has been authored by Rohit Pradhan and Srishti Sneha, students of Symbiosis Law School, Hyderabad.] Introduction The term ‘well-known trademark’ is defined under Section 2(1)(zg) of the Trade Marks Act, 1999 (the “Act“). It states that a well-known mark is one that is known by a considerable portion of the population which […]
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The Effect of Disclaimers of Non-exclusivity on Passing Off
[This post has been authored by Vishnu Naduvakkad, a student at School of Law, Christ (Deemed to be University).] Introduction Trademarks as a concept arose with the primary objective to distinguish one entity or product from another which gives rise to the uniqueness and individuality of the product. However, generic trademarks are seldom protected by […]
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Well-Known Marks in India: Flying the New Feeling?
[This article was authored by Hrishikesh Bhise, a student at National Law Institute University, Bhopal.] The Delhi High Court recently witnessed a matter regarding infringement of the popular Indian carrier, Tata SIA Airlines Limited’s registered trademark ‘Vistara’ (hereinafter ‘Mark’). A suit was filed by the airline seeking an injunction against an aviation bookstore, M/s. Pilot18 […]
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Ranveer Singh and Brock Lesnar Controversy – Can a Catchphrase be Protected?
[This post has been authored by Anubhav Das, a student at NUALS, Kochi.] The finals of the Cricket World Cup 2019 gave the world a final to remember through a match which had unexpected twists and turns until the last ball. While controversy arose due to the super over and the way the winner was […]
