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 Can IP Owners Enforce Their Rights Across Borders?

Introduction Counterfeit goods are the replicas of the real product produced with the intent to take unlawful advantage of the goodwill and reputation of the real product. The unique geographical location of India with eight neighboring countries and a lengthy, porous border makes it more susceptible to counterfeit products. Counterfeit goods cause damage to rights …

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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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How Do We Deal With Rogue Websites?

What Are Rogue Websites? The internet has brought one of the biggest revolutions in the world. In today’s world, we cannot imagine living a single day without the internet. It has become an inseparable part of everything – from our mobile phones to our cars. Companies can now reach a larger audience and can cater …

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