Posts Tagged "Blogging Competition"

And the Winners are…….

After a long wait, we have the names of the winners of the Blogging Competition. Congratulations are in order for:

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Originality : An Oasis in the middle of a desert.

In this new fast moving, technology -driven century where everything is available in the blink of an eye, or maybe I should say at the “touch of a button”, I can’t help but wonder if this easy availability of information about basically everything under the sun has made us indolent and averse to go that extra mile to put in our best. An original thought is as rare as the passing of the Hailey’s Comet!

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Short-Listed Entries For The Selvam & Selvam Blogging Competition

Trademark law is incongruous, and it fails to manage all the interests at stake in the avant-garde business environment. Trademark professionals worldwide have turned their attention to the power of social media and its effects on trademarks and brands. What was once considered to have a benign impact on brands is now a challenge to overcome for many trademark owners. The challenge for trademark owners in social media environments is not so much brand confusion, but rather in dealing with and being relevant in open, uncontrolled, and unregulated global communication networks where their relevance, reputations, image and statements are subject to immediate and massive commentary and opinion which can have a direct effect on their revenue and longevity. The tenor of a trademark/brand as a symbol of reputation takes on a whole new substance in this environment because the control over reputation can easily shift from the brand owner to the consumer/observer/publisher community. The succinct, non-descriptive, non-possessive brand name is, in historical terms, a relatively new businesses phenomenon. Trademark/brand owners are learning that keeping or harder yet, regaining control requires taking an active role in these communities by fully participating as a community member.

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Branding Neo India in Trademark Law

Trademark law is incongruous, and it fails to manage all the interests at stake in the avant-garde business environment. Trademark professionals worldwide have turned their attention to the power of social media and its effects on trademarks and brands. What was once considered to have a benign impact on brands is now a challenge to overcome for many trademark owners. The challenge for trademark owners in social media environments is not so much brand confusion, but rather in dealing with and being relevant in open, uncontrolled, and unregulated global communication networks where their relevance, reputations, image and statements are subject to immediate and massive commentary and opinion which can have a direct effect on their revenue and longevity. The tenor of a trademark/brand as a symbol of reputation takes on a whole new substance in this environment because the control over reputation can easily shift from the brand owner to the consumer/observer/publisher community. The succinct, non-descriptive, non-possessive brand name is, in historical terms, a relatively new businesses phenomenon. Trademark/brand owners are learning that keeping or harder yet, regaining control requires taking an active role in these communities by fully participating as a community member.

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Owning Your God – Trademark Protection for Deities

A spiritual man’s trademark is his true belief in God. But what if the man tries to trademark the God he believes in? Imagine waking up in a world where Trusts have exclusive right over images of popular deities; getting booked under s. 29 of the Trade Marks Act, 1999 (hereinafter TM Act 1999) for selling an idol of Lord Hanuman or being unable to purchase a Shri Ganesha calendar from your local vendor because the image is trademarked by a specific company. The question arises – is this really possible? Fortunately, at present, it is not possible to trademark pictorial representations of deities. However, a single person has the power to change the law, but the consequences can affect an entire nation. Such is the situation of the Attukal Devi case pending in the High Court of Kerala. The judgment of this case will set a benchmark in the country, further defining the pathway for scope of the Trademark law in India.

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Trademark Series, Concept and Position in India

The concept of trademark series is relatively new in the arena of Intellectual Property Law. The development of this species of trademark has recently gained pace, and is expected to provide a whole new level of trademark protection for the world’s big and small industrial houses. Though most nations have a provision or two regarding the registration of trademark series, in the trademark law operating within their respective territorial limits, including India,Bridge/Bainbridge decision of the Court of Justice of European Union is the most cited one with respect to definitive guidelines on the issues on trademark series.

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Trademark and Internet : Domain Name and Dispute Resolution

An Internet domain name is an alpha-numeric mnemonic device that can be mapped onto an Internet Protocol (“IP”) address to enable users to “surf the Web” more easily than if they had to remember the details of each IP address they wanted to visit. Black’s Law Dictionary defines domain names as the words and characters that website owners designate for their registered Internet addresses. All domain names have at least two levels. The first level domain name identifies the registrants. The second-level domain name is the unique identifier for the user in particular. A second-level domain name may be protected under trademark law but first-level domain names are not.

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Trademark Dilution – All Dolled Up

If you, like me, were a kid of the 90s, you would instantly recall the hit song from being played to death on the radio and at every other birthday party! Funnily enough, this song was also quite the number amongst intellectual property pundits.
Confused? Let me explain.

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Passing-Off in India Looping the Loop Holes

Passing-Off in India: Looping the Loop Holes

Passing off is a form of tort, and its substantive part is founded upon the common law principles. The general principle of passing-off states that no man can have any right to represent his goods as the goods of another person. The gist of the concept of passing-off is that the goods are, in effect, telling a falsehood about themselves; they are saying something about themselves which is calculated to mislead. The spirit of law contemplates that unfair competition destroys honest business and should not be allowed. This term has undergone judicial scrutiny several times.

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The Story Mark

Infopreneurship is the new buzz word and means creating original content information products then monetizing it in entrepreneurial ways. These infopreneurs, or entrepreneurs who sell information, leverage information in public domain extensively to reach mass audiences. Infopreneurship is one of a kind and an evolving business concept based on a title of a creative work.

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