Trademark

How Can We Use Comparative Advertisements in India?

Introduction Comparative advertisements refer to advertisements wherein brands compare their own products/services with that of competitor’s and assert that their brand is superior or better than the competitor’s. It is a form of Commercial speech which is permissible under the fundamental right to freedom of speech and expression under Article 19 (1) (a) of the …

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How Do You Calculate of Damages Arising Out of Trademark and Copyright Infringement?

Introduction In India, when it comes to calculating the quantum of damages for IP infringement, there are no set parameters or guidelines so courts place reliance on existing broad principles and precedents. In the case of Microsoft Corporation v Deepak Raval, the Delhi High Court awarded only the damages actually claimed in the suit. In doing …

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How Do You Trademark Non-Traditional Marks in India?

Introduction In order to bolster their brand image and to attract the consumers companies have started adopting non-conventional trademarks in the recent years. Non-conventional trademarks are those trademarks which not only cater to the vision of the consumers but also other senses like olfactory, aural, etc. Smell mark, sound mark, shape mark or color marks …

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world, packages, transportation, trademark, imports, parallel imports

What Are Parallel Imports, and How Legal Are They?

Parallel Imports The term “parallel imports” causes consternation among brand owners and the general public. In actuality, the phrase “grey market goods” is deceptive, as it indicates that the things are “illegal” or “not original,” when they are not, as the only difference is in the distribution channels and the source. Parallel importation can be …

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The Core Principles of Trademark Fluidity

Introduction The approach towards any company’s logo/mark has experienced a shift with the advent of digitization. Big corporations are now constantly modifying their logo to highlight any recent happening, or make the page more interactive. For instance, Google Doodle is known for its interactive designs, which are modified per any major event or landmark day. …

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basket

The Battle of the Baskets: Trademark Distinctiveness in Businesses

In February 2021, online grocery shopping giant BIgBasket sent a cease and desist notice to a Coimbatore based competitor DailyBasket, the latter being a startup founded in 2020. The demands include stopping the usage of the mark and paying 2 lakhs as compensation to BigBasket. The founders of DailyBasket, lacking the same degree of legal …

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