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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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 …
How Do You Calculate of Damages Arising Out of Trademark and Copyright Infringement? Read More »
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 …
How Do You Trademark Non-Traditional Marks in India? Read More »
Introduction Trademarks are a significant asset for any corporation. A mark can be a phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. Trademark is a significant intellectual property that is used by companies to distinguish its brand from competitors in the market. In …
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 …
What Are Parallel Imports, and How Legal Are They? Read More »
Introduction A trademark is a way of marking a specific product or service with a logo, word, phrase, sound, smell, shape, picture, movement, aspect of packaging, or a combination of these. The goal of trademark law is to protect the rights of holders or owners over their unique products and services by using their distinctive …
Can We Use Artificial Intelligence to Protect Trademarks? Read More »
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. …
Defining the First Sale Doctrine First Sale Doctrine is one of the exceptions to the rights conferred to IP owners. This doctrine curtails the IP owners’ rights after its products are first sold to a purchaser. By this, the purchaser is entitled to re-sell the branded product in the market as per his wish or …
First Sale Doctrine and the Exhaustion of IP Rights Read More »
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 …
The Battle of the Baskets: Trademark Distinctiveness in Businesses Read More »