Phyllis Schlafly is a famous American Conservative activist, author, former Constitutional lawyer and founder of Eagle Forum which primarily focuses on social issues. She is also known for her bold social and political views and for her successful campaign against the Equal Rights Amendment to the U.S. Constitution. She recently lost a fight against her nephew's brewery, St. Louis Brewery, in a trademark battle which was pending in the court for four years. Her nephew ,Tom Schlafly had applied for…
Recently, while giving a written reply to one of the matters in Lok Sabha, the Commerce and Industry Minister of the incumbent government, Ms. Nirmala Sitharaman, emphasized that the government has taken steps to reduce the increasing backlog of the Trademarks Registry of India. She stated this while addressing the concern mounting over the daunting backlog of the Trademarks Registry.
She also asserted that 21,706 applications have been abandoned or rejected during the period of 2015-16 due to the…
The Trade Marks Registry has recently released a notification on July 15, 2016 stating that no reply has been received for 9578 Examination Reports out of 13,062 Examination Reports which were dispatched during the month of March and April, 2016. These staggering figures released by the Indian Trade Marks Registry highlights some important issues.
After applying for a trademark, there are chances that the particular trademark for which registration is sought for may face objections from the Examiner of the…
The brand Emami is a well known name in the FMCG(Fast Moving Consumer Goods) sector in India. Recently, Emami had levelled accusations against Patanjali Ayurved Limited of copying the design as well as the trademark of its ‘Kesh King’ brand of hair tonic.
Emami had launched the product 'Kesh King' in the year 2015. This product was developed by Sanjeev Kumar Juneja of SBS Biotech in the year 2008. The product was being sold and marketed through SBS Biotech of…
Toyota, one of the leading giants in the automobile industry, sensed a huge relief when the Delhi High Court on 8th of July, 2016 delivered its judgment in its favour. This trademark dispute was pending in the court for seven long years, before the court found the defendants conduct to be dishonest.
The Delhi High Court in the case of Toyota Jidosha Kabushiki Kaisha vs Deepak Mangal & Ors., CS (OS) 2490 of 2009, also known as the Prius Trademark…
Hello Readers! Hope you all had a great weekend. Let us take a quick look at what happened in the past week, with this Weekly Warm up.
Kriti versus Bob: Who owns the copyright?
This post discusses the recent copyright controversy between Kriti, a short film by Shirish Kunder and Bob, a short film by Aneel Neupane.The short film, Kriti, was uploaded on YouTube on June 22, 2016. This short film by Shirish Kunder had gained immense popularity within two days…
Recently , a European Court ruled in favour of US fast food giant McDonald’s, restraining a Singapore based company from using the word ‘Mac’ as a prefix on its foods and beverages. One of the primary aims of every trademark law is to prevent consumer confusion. Trademark law provides exclusive rights to the proprietors of a particular trademark, thus allowing them to carve out a niche for their product in the existing market.
In 2008, a Singaporean Company had applied…
A lot has been discussed and speculated about the referendum “Brexit”. The UK has voted to leave the EU on June 23rd , 2016. This decision will have far reaching effects, including potential effects on intellectual property rights in the UK. June 23rd 2016, will be a landmark date in the European and British history.
Under Article 50 of the Lisbon Treaty, the UK must now notify the European Council of its intention to withdraw from the EU, which will…
Trademarks are known as business identifiers and they play an indispensable role in the growth of a particular business. With the globalization of markets , growing importance of brand advertising for manufacturers and subsequent brand awareness of consumers, trademarks have become increasingly important and valuable. Trade marks are crucial trading instruments because consumers ascertain the quality and standard of goods and services with the trade source.While trademark laws provide monopoly rights to the proprietor of a mark to use…
The IP community is well aware about the major reforms that have been implemented recently by the EU( European Union). The European Trademark law has undergone significant changes since the introduction of the Community Trademark system in 1996. The recently adopted European Trademark Reforms have brought in substantial changes not only to Community trademarks but also for owners of national trademarks in the EU.
India has been protesting without any success, against one such new directive in the area…