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NAKED LICENSING : A LEGAL AND FINANCIAL MINEFIELD
Trademarks are source identifiers that distinguish one product or service from others in the marketplace. They are visual, auditory, or even tactile indicators that consumers can use to identify the source of a good or service. When a trademark is distinctive, it allows consumers to make informed purchasing decisions and to build trust with the […]
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COMPARATIVE & DISPARAGING ADVERTISEMENTS – ABUSE OF TRADEMARKS
A trademark is a visual representation of a business’s brand identity. We see trademarks on a variety of different mediums. The market is very competitive in today’s digital world. The business identity may take the form of a brand name, a product, or a service. This persona is pushed by advertisements on a variety of […]
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Unregistered Trademarks and their IP Protection
Introduction Registration of a trademark under the Indian Trade Marks Act, 1999, is not mandatory. As a result, both registered and unregistered trademarks are defendable in India through a passing off or infringement lawsuit in a court of law. India, a common law nation, upholds both codified law and common law principles, and as a […]
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CONSENT AGREEMENTS – WAY TO OVERCOME 2(d) REFUSALS
Author – Tanya Janghel Co-Author – Megha Thakkar Introduction One of the benefits of trademark ownership is the right to restrict others from using trademarks that are confusing to customers due to visual similarity. On the other hand, if you want to register a trademark, you must make sure it is distinct enough […]
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CHINESE TRADEMARK SQUATTING – CHINA’S BIGGEST IP SCAM OF THE YEAR
Author – Hariprasath karunakaranCo-author – Rutuparna Acharya The entrepreneurial genius and richest person alive on the world Elon Musk’s name is synonymous to his revolutionary electric car manufacturing venture named Tesla. This company has changed the automobile industry all over the world and has brought exceptional returns to its founder. Known for its industry best […]
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