well-known trademark Archives

VIVO sticks strong against VIVO adhesives, rewarded with well-known trademark status in India

The Delhi High Court declared ‘VIVO’ as a well-known trademark, granting a permanent injunction against Mr. Jitendra Kumar Tiwari, who was found infringing the ‘VIVO’ mark by selling adhesives under the name VIVO +Plus Adhesive. The Court recognized the widespread use and reputation of the ‘VIVO’ mark, awarding costs to Vivo Mobile Communication Co Ltd. Continue Reading VIVO sticks strong against VIVO adhesives, rewarded with well-known trademark status in India

October 16, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 165Views 1Like

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Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

Recently in a trademark infringement case between Hermès International & Anr. v. Crimzon Fashion Accessories Private Limited, the Delhi High Court ruled that the “H” mark of the French Luxury brand Hermès International is a well-known mark, after ordering a permanent injunction against Crimzon for infringing use of the mark on its website. Continue Reading Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

March 3, 2023 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 1597Views 0Like

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Subway Loses Battle for Interim Injunction against Suberb

This post details a case between U.S.-based company ‘SUBWAY’ and Infinity Foods LLLP over allegations of trademark infringement. The court dismissed the application for an interim injunction due to changes made by the defendants within a week, as they deemed there was no point of infringement. Continue Reading Subway Loses Battle for Interim Injunction against Suberb

January 24, 2023 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2033Views 0Like

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Recent Developments & Principles governing Well-known Trademarks

Have you ever wondered why well-known trademarks are given or accorded a wider protection? To answer that, you may read our previous post on 'An insight into Well-known Trademark'. Now, lets look at the Recent Developments in the Well-known trademark regime and what are the principles that govern them with the help of cases. Recent Developments Prior to the Trademark Rules 2017, the requirement for getting a trade mark declared as a well-known one was only by way of legal proceedings…

November 16, 2021 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2790Views 1Like

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An insight into well-known trademarks

Brands enjoy huge importance as consumers today prefer different brands differently at different times and hence brands have a unique value to the consumers. However, they are of value not just to the consumers, but also of value to the suppliers and proprietors of the mark. A well-known trademark status is one of the biggest quality justification that any mark may possess. A well-known trademark status acts as a powerful safeguard from the risk of deceiving counterfeit products and thereby facilitates…

November 16, 2021 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2353Views 1Like

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Evidence Required to Determine Well Knownness of a Trademark – Part III

This post was first published on 3rd July, 2014. As discussed in my previous post, the claimant of well knownness of a trademark is required to prove the popularity of the mark among relevant public by submitting cogent, clear and convincing documentary proof. In this post, we will be discussing the list of documents that the courts or the Trademark Office considers as valid proof for determining the well knownness of a trademark. Although a hard and fast rule cannot be…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2341Views 0Like

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Trademark Infringement in the Automobile Industry Part II : BMW Emblem case

This post discusses the scope of protection of black and white trade mark registrations in infringement proceedings. The OHIM (Office for Harmonization in the Internal Market) made the announcement, on 15 April, 2014, about a new common practice for trademarks registered in black and white. The OHIM and the participating national offices have now issued a Common Communication, together with details of the implementation process. As per the new Common Practice, a black & white (or grayscale) mark will only be considered…

November 3, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1940Views 0Like

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The image depicts a lock with the letters TM by its side. The post talks about protecting trademarks. Click on the image to read the full post.

How to Determine Well Knownness of a Trademark – Part 1 -Trade Marks Act, 1999

In continuation to our previous post on Well Known marks, in this post we will be discussing the factors that should be taken into consideration while determining the well knownness of a mark. Section 11(6) and Section 11(7) of the Trade Marks Act, 1999 discusses the factors that the Registrar of Trademarks shall take into account while determining the well knownness of a trademark. Section 11(6) provides specific factors for assessing well knownness of a trademark, and Section 11(7) provides specific…