Trademark

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All is Fair in Trademark Wars: the Glow & Handsome...

The battle for the ownership of the trademark “Glow & Handsome” between two fast moving consumer goods (FMCG) giants continues. On 17 August 2020, Hindustan Unilever Limited (HUL) obtained an order from the Bombay High Court to temporarily restrain Emami Ltd. from using the mark “Glow & Handsome”. The Court ordered that at this early prima facie stage, it appears that HUL is ......
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Coronil Trademark by Patanjali Ayurved: Ignorance or In...

Arudra Engineers Private Limited vs Pathanjali Ayurved Limited- O.A. No. 258/2020 Order dt. August 08, 2020 by Madras High Court The pandemic has had a curious effect on businesses the world over. Total shutdowns of uncertain duration have had a debilitating impact on the economy, but equally, opportunists have tried to take advantage of the situation in any way possible. ......
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New Startup. New Ideas. New IP.

Change is synonymous with Startups. Startup teams are constantly innovating, exchanging new ideas, conducting new experiments, and learning new lessons along the way. What’s really exciting about this is the potential for generating new Intellectual Property (IP) for the Startup each time you have a breakthrough. ......
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Trademarking store layouts in India

Store layouts play an increasingly important role in brand recognition and brand recall. Take a world-renowned brand like Apple, for instance. How does every Apple store that we walk into feel the same all over the world? While there is certainly a tingling excitement that the purchase of shiny new gadgets brings, there is a more subtle factor at play: the store layout. ......
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Selecting the Best Remedy for Trademark Enforcement in ...

With the increasing globalization of our economy and the adoption of numerous brands and products, the possibility of parties infringing, diluting or passing off valuable brands, increase day by day. ... Indian Trademark Law provides civil, criminal, as well as administrative remedies for taking action against infringement, dilution and/ or passing off of a trademark. This note discusses the types of remedies available, and examines the best approach in different scenarios. ......
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All is Fair in Trademark Wars

The #BlackLivesMatter movement has gained traction around the world and has encouraged many corporate entities, including multinational companies (MNCs), to reassess their businesses and marketing policies for signs of discrimination, following the calls against racial inequality after the death of George Floyd in the United States. ...
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Opposition is a Hopeless Task, Acquiescence would be Wo...

Time and again, it has been held by various courts that an unreasonable delay in enforcing a legal right by a person amounts to acquiescence, which can be fatal to a case for the grant of an interim injunction. In a recent trademark case, the High Court of Delhi reiterated that the Plaintiff, being aware of the Defendant’s adoption of a similar mark, did not bother to conduct due diligence about the use of the mark; as a result of which the Plaintiff was bound to suffer the consequences of delay in seeking injunction. ...
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Anti-Suit Injunction and Cross-Border Reputation of Tra...

An anti-suit injunction has always been a matter of interest when it comes to providing parties provisional relief. Anti-suit injunctions are orders passed by courts to restrain parties from commencing or pursuing proceedings in another jurisdiction or forum....
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Social Media Influencer’s Continuing Battle for Freedom...

On February 14, 2020, a Division Bench of the High Court of Bombay lifted an injunction granted to Marico Limited and permitted a social media influencer to post a video reviewing a Marico product, subject to few amendments in the video....