Earlier, we used to rely on tangible property for income generation. Later in 1883, two conventions, addressing importance of intangible property worldwide, were signed: Paris Convention for the Protection of Industrial Property (1883) and Berne Convention for the Protection of Literary and Artistic Works (1886). Intangible property gained significance when industrialists understood that IP [...]
India is also a fast-growing trademark environment, as brand owners from around the world are drawn to the opportunities in this rapidly expanding marketplace. One of the “big four” BRIC countries (Brazil, Russia, India, China), India is well on its way to becoming a major global economic player. Trademark law in India is based [...]
Trademark Proprietor Determining Authority Observation 7 O’CLOCK for shaving razors Gillette U.K. Ltd., England Bombay High Court It is recognized that trade mark 70’Clock is well known. As such the use of the mark in respect of tooth brush will lead to passing-off. AIWA Sony Corpn., Japan TMR, Chennai AIWA is a well-known trade [...]
Himalaya Drug Company (HDC) won the trademark infringement case from SBL Limited. SBL Limited is known to prepare homoeopathic preparations. The decision on this case was given by the Delhi High-court in which it ruled that SBL Ltd did infringed HDC’s trademark on LIV.52 by using the word LIV as a part of its [...]
Putting an end to the trademark lawsuit between Christian Louboutin and Zara, French Supreme Court have invalidated Louboutin’s red sole trademark for lack of distinctiveness. French Supreme Court upheld the Paris Court of Appeal’s decision of invalidating Louboutin’s trademark. French trademark law prohibits the unauthorized use by reproduction or imitation of a protected trademark [...]
Lego’s attempt to preserve their trademark protection in Switzerland has ended up in vain. Lego trademarked the shape of bricks in 1999 which was opposed by Mega Brands, Inc. shortly afterwards. Lego had to seek out some kind of protection because their patent for the shape of Lego bricks had already expired way back in [...]
