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This image depicts tyres. This post is about how the court answered the question s to who owns the goodwill for a trademark-the seller or the manufacturer in a case. Click on the image to read the full post.

“Who Owns the Goodwill in a Mark?”- Coin Flips in Favour of the Manufacturer

This post was first published on 15th February, 2012.   A trademark associates a considerable amount of goodwill with a product and hence businesses go to great extents to exploit this potential of a trademark and therefore, they strive hard to protect their trademarks. A recent instance where a seller of a product fought with the manufacturer of the product over the ownership of the trademark is the Trans Tyres India Pvt. Ltd. v. Double Coin Holdings Ltd. & Anr. case, which…

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The featured image is of the trademark symbol . The post is abouT change in the name of Office for Harmonization in the Internal Market (OHIM) to European Union Intellectual Property Office. please click here to read more.

Choosing the Right Trademark- How Important is it Anyway?

  First Publication Date: 8th January 2010   How important is it to choose the right trademark and how to choose the apt mark? With more and more courts and decisions focusing on the strength of the mark it definitely becomes quintessential to choose and apply for the right trademark. We don't have to search hard to look for such illustrations where the strength of the mark in some way decided the fate of the case. Fenil in his post titled "Could exclusivity…

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This image depicts a confused and hesitant man working on a computer. This image is relevant because the post talks about the possibility of maintaining trade secrecy. Click on the image to view full post

Is Trade Secrecy Always Possible?

The possibility of protection and a company's capability to protect a secret is indeed an important factor to be considered while defining the nature of protection. Though many factors may be in favor of trade secret protection over patent protection, the incapability of an organization to maintain secrecy is a very important factor and may shift the balance. The kind of information sought to be safeguarded, measures required for protection, nature of business, organization's stature, and so on play a very…

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