Posts Tagged "trademark infringement"

Punitive Damages denied for Trademark Infringement

In our earlier posts, we have covered the importance of damages in trademark infringement suits and the types of damages as well. The Courts in India have taken a liberal stand while granting nominal and compensatory damages. However, when it

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“Plain Packaging” a Trademark infringement?

Plain packaging refers to laws or regulations requiring cigarettes and other tobacco products to be sold in standardized or generic packaging, without any stylized or attractive trademarks, logos, brand names or colors. In place of such brand names or logos,

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Trademark Infringement and Jurisdiction – What it means to carry on business

Image from here Trademark law in India provides that a plaintiff can file a suit for trademark infringement in a district court within the jurisdiction where the plaintiff is actually and voluntarily residing or carrying on business or personally working

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Brainstorming to name your startup? Read on…

There was once a group of youngsters sitting in a café scribbling over their notepads, almost spilling the coffee in the heat of their arguments. They were in a heated brainstorming session regarding a suitable name for their startup. A

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Of franchise agreements and trademark infringement suits

A recent order by the Delhi High Court reiterates the importance of a carefully thought out and drafted agreements. This particular matter was one concerning breach of a franchise agreement which entailed confidential information, trade secrets, get-up, layout, arrangement, trade-dress of the Plaintiff’s fitness centres and spas. The Plaintiff (Ozone Fitness) filed a suit against Pure Fitness and others and sought an interim injunction. This case is definitely one of its kind given the nature of the suit, the reasoning of the Court and the restriction on the interim injunction granted in favour of the Plaintiff.

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Domain names and trademarks – What happens when there’s a dispute?

Nowadays, the Internet has become the most popular medium for commercial organisations to promote themselves. This is because the internet has no boundaries or closing hours. Every person who wishes to use the internet as a medium needs a domain name. A domain name is nothing but a network address that helps identify a particular entity on the internet. Usually, a domain name consists of two parts – the top level domain (TLD), which is used to identify the organisation that owns it or the geographical area where it originates and the second level domain, which identifies the unique administrative owner associated with an Internet Protocol address. (For example, in example.com, .com is the TLD whereas example is the second level domain name)

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Trademark Infringement:U.S Cadbury Vs U.K Cadbury – Hershey’s not ready to melt!

Who does not love chocolates?But the British in America do not seem to be in for “any” chocolate; much to their dismay though.

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