Latest Cases & Legal Insights

Imagine paragliding from the peak of Mount Everest and landing on a beach in Miami or sharing a cup of coffee while walking through a virtual park with a friend thousands of miles away. That immersive, persistent, and shared digital universe is what we now call the Metaverse. Understanding the Metaverse The Metaverse refers to a network of interconnected virtual spaces where people can work, play, socialize, trade, and create through avatars and digital assets. While this con

In the grand architecture of intellectual property law, there exists a quiet but persistent misconception linking the registration of a trademark with a kind of permanence, a definitive stamp of legitimacy, perceiving it to be a legal granite that resists all chiselling and a fortress in trademark law erected to stand in perpetuity. The proprietors, therefore, ordinarily clutch on to their registration certificates once their mark makes its way onto the Trademark Register wit

INTRODUCTION In the present dynamic market and economic landscape, with an ongoing surge in trademark registrations, there is a parallel escalation in trademark infringement. One of the major obstacle in the trademark infringement law suits is the defence of the “plea of common use or the third-party usage”. This defence stems from the common practice of parallel branding and rebranding, where infringers deliberately weaken a brand's reputation by selling exact copies of its

INTRODUCTION Upon registering its trademark under the Trademarks Act, 1999, an organization or business obtains the exclusive right to prevent any other entity from using that trademark for a period of 10 years. This exclusive right empowers the trademark owner to stop others from using the same or a similar trademark. However, there are instances where a business might register a trademark without being aware of a pre-existing user with a similar mark. In such cases, the law

INTRODUCTION The designation 'well-known' in Trademark law denotes a significant level of public recognition, indicating that it is widely known across various geographical areas. It represents a particular class of trademarks that have become intrinsically linked with specific goods or services, effectively representing the brand identity by its name. To obtain recognition of a trademark as 'well-known,' individuals may submit an application to the Registrar using Form TM-M

INTRODUCTION The world of business is extremely dynamic and competitive. The basic concept of branding has evolved on different levels. Considering the branding and marketing strategy, the methods used by top businesses to stand apart from their rivals is truly impressive. The idea to have a catchy name to sound distinctive or an appealing logo is just not enough and here the play of colours begin. To be identified as an established brand, one’s brand identity must be appeali

INTRODUCTION In the context of trademark law, definitions are crucial because they establish the foundational understanding of key concepts used the legislation. One such central definition which forms the bedrock of the Trademarks Act is the definition of “MARK”. The Section 2 (1) (m) of the Trademark Act Defined: “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combina