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How the FUCT a mark becomes scandalous or Immoral
Written By: Rutuparna Acharya A mark shall not be registered as a trade mark if it comprises or contains scandalous or obscene matter. This principle is followed in almost all the countries as one of the ground of refusal for Trademark Registration. It is followed in U.S; “Under Section 2(a) of the Trademark Act, 15 […]
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Trade mark Infringement: In light of the Nippon Steel Case
Written by: Bhagyalaxmi Basotia The main purpose of Trade Mark on any product is to make the consumers aware of the origin of the product. It distinguishes the product of an individual from that of another. Trademark infringement occurs when an individual or a company uses a particular mark on its own product when such […]
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McDonalds Loses EU trademark battle over BigMac
Written By: Spandana Mishra In January 2019, the European Union Intellectual Property Office (EUIPO), Spain has given a watershed judgment on the trademark with long-term ramifications. The landmark judgment reads verbatim that McDonald’s has failed to prove “genuine use” of the Big Mac trademark as a burger or restaurant. The legal battle was between SuperMac and […]
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Hakuna Matata – Common Phrase vs. The Trademark
Written by: Rutuparna Acharya “Hakuna Matata,” the registered trademark of Disney filed in 1994 is now surrounded with specific controversies, and the reason behind this controversy is thoroughly enumerated below. ‘Walt Disney’ or just to say ‘Disney’ – the famous name in the world of animation is well-known to everyone. Its creation, Lion King – […]
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Infosys Vs Infosys
Written By : Rutuparna Acharya When it comes to Trademarks, if the mark is confusingly similar or identical to another, then there is a likelihood of confusion among the targeted consumers. Recently, Infosys, the IT outsourcing giant has won the trademark infringement battle over its name, against New York-based Information Technology firm Infosys International Inc. […]
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Christian Louboutin won trademark infringement battle over ‘Red Sole’
Written By: Rutuparna Acharya Christian Louboutin, is a renowned name in the world of fashion. His shoes are recognized by his signatory “Red sole”. The company has been using the mark ‘Red Sole’ continuously since 1992 and has an extensive presence in 60 countries. As a reason of which this “Red Sole” has been awarded […]
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