Trademark

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The art and craft of franchising in India

Licensing and franchising intellectual property (IP) offer strategic competitive advantages to a brand. Franchising is a situation where a franchisor controls and supervises the exploitation of a trademark while allowing the use of the tradename, the get up and the reputation and goodwill associated with the trademark. ......
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The War of the Soaps on a pH Scale: HUL vs Sebamed

In an advertisement war against consumer goods major Hindustan Unilever Limited (HUL), a competing company, USV Private Limited, has dragged the former’s well-known brands Lux, Pears, Dove and Rin in an “open pH challenge”. USV’s advertising strategy has shaken up India’s affordable soap market that was otherwise confidently relying on lucrative advertisements by movie stars without any reference to scientific data. ......
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Dynamic injunctions to tackle digital piracy in India

Injunctions are the first resort for parties seeking to stop websites from infringing trademarks or hosting copyright-infringing data. But injunctions do not always work the way they’re expected to in these cases. Often, the infringing content is merely moved to a different server or is re-uploaded or re-hosted on a different platform. In order to circumvent the technicalities of the internet and in order to strengthen the armoury of trademark and copyright holders to counter digital piracy, a new type of injunction has come into vogue to better enforce digital rights – dynamic injunctions. ......
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Ideas made public may not be patentable

Have you launched your Startup? Have you blogged about your product or your offering extensively? Have you made videos or tutorials about your product and shared it on YouTube®? If you answered any of these questions with a “Yes!”, then chances are that you may have unknowingly lost your opportunity to patent your ideas. ... ...
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Trademark Counsel in the time of Cancel Culture

With 2020 being the year when everyone is practically living on the internet, it has been an interesting, challenging, and unprecedented year for those involved in brand reputation and brand management. ‘Cancel culture’ has gripped the world, and brands must now deal with excessive scrutiny and criticism on social media platforms and other forums from audiences belonging to all walks of life. ......
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Get your game on: eSports and IP in India

The Covid-19 pandemic has rendered the traditional live sports industry across the globe practically comatose. Sporting leagues and tournaments may be gradually limping back into action, but the crowds remain largely absent, affecting revenues and growth prospects. Meanwhile, another kind of sporting entertainment has crept up on everyone. ......
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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. ......