Trademark Law Of India Essay
CHARTING THE EVOLUTION OF TRADEMARK LAW IN INDIA
Dr. Prithpal kaur
Evolution of the concept of Trademark
The notion of ownership of creation or innovation and its protection is not new to mankind. Originally, marks were placed on objects to identify ownership and to deter would be thieves. By this way the ancient people tried to control low quality goods, and as the maker of the product was identified automatically the infringers were punished. The more a trademark came to be known, the more it inspired confidence in the goods and services to potential clients. When a mark was placed it meant that any other third party
…show more content…
The Indian Judiciary has played an elementary role in evolving the law and the following cases substantiate the same: Daimler Benz Akietgesellschaft v Hybo Hindustan : In this case the Court considering the Plaintiff’s mark “BENZ” to be well known on account of trans- border reputation and goodwill granted injunction against the defendants who were using the impugned mark for selling their apparel.
Whirlpool Co & Anr v. N R Dongre : Whirlpool had not registered their trademark in India. However, by virtue of use and advertisements in International magazines and worldwide reputation the Plaintiff successfully prevented the defendant from infringing its trademark in India.
Protection of Domain Names under the Trademark Law: With the increased use of technology and internet, domain names are serving as business identifiers and accordingly registration of domain names has been gradually increasing.
The Indian Judiciary extended trademark protection to domain names in the case of Satyam Infoway Ltd. Vs Sifynet Solutions Pvt. Ltd. . In the said case, the Court made the following
Summary Of The Controversial Court Case Of Ogden Vs. Gibbons
576 Words | 3 PagesThis court case focused on the Commerce Clause in Article
Blackhorse V. Pro-Football, Inc. Case
106 Words | 1 PagesJurisdiction means the power, right and authority to interpret and apply law, according to Mayer, Warner, Siedel, & Liberman (2015). The current petition for Blackhorse v. Pro-Football, Inc. (2014) was filed at the U.S. Patent and Trademark Office in Washington D.C. in 2006. The Trademark Trial and Appeal Board, which is an independent administrative tribunal within the United States Patent and Trademark Office, resolved the case. The office is authorized to determine a party’s right to register a trademark with the federal government, or if the party already owns a registration, it determines its right to maintain it according to Mayer, Warner, Siedel, & Liberman (2015).
Summary Of Morgan V Sate
782 Words | 4 PagesPeople v. Shirley, 31 Cal. 3d 18, 723 P.2d 1354, 181 Cal. Rptr. 243, cert. denied, 459 U.S. 860, 103 S. Ct. 133, 74 L. Ed.
Ford Motor Credit Co. 2d 956
525 Words | 3 PagesHolding: (What rule, definition or standard did the court use to resolve the dispute?) Kirkpatricks ' complaint against Transamerica Insurance Company adequately states a cause of action, in which the court reversed the lower courts decision and remanded the case for further proceedings consistent with the appellate courts
The Case Of Michigan Vs. Bay Mills
1718 Words | 7 PagesThe court case discusses rather or not an Indian tribe can have a gambling casino outside of
Korematsu Case Law
438 Words | 2 PagesJudge Marilyn Patel concluded that the writ was granted on the grounds that “there was substantial support in the record that the government deliberately omitted relevant information and provided misleading information in papers before the court”. (Ducat, 204). Judge Patel overturned the Korematsu’s prior conviction on factual error on any error of law in the 1944 ruling. In August of 1988,
What Was The Legal Significance Of The Case Of Gerald Gault
878 Words | 4 PagesThe due processing was not completed. Steps were skipped, and the boy was discriminated because of his delinquency. The majority opinion was written by Abe Fortas. The legal significance of this case is the process of due processing, and the right to not be discriminated or treated unfairly. The decision of Gault’s court case sent the world into a “ due processing revolution”.
Amended Complaint At High Desert State Prison
1142 Words | 5 PagesId. at 22. Lastly, Plaintiff alleges that Defendants Neven, Nash, and Cox, who is not a named defendant, were “deliberate [sic] indifferent to the Plaintiff’s personal safety by their failure” to create adequate procedures for handling “PREA cases” (Prison Rape Elimination Act). Id. at
John Marshall Research Paper
439 Words | 2 PagesThat its provisions are neither to be restricted into insignificance nor extend into objects not contemplated by its framers; - is to repeat what is already said more at large, and is all that can be necessary.” (Ogden v. Saunders,
Btec Business Level 3 Unit 5 P4
1809 Words | 8 PagesIf a brand has a good reputation, customers and businesses, are more likely to purchase that brand. Examples include logos and packaging. (B2B and B2C Similarities and Differences , n.d.) These need to capture the attention of their customers because businesses have competition and therefore need to stand out.
A Partime Indian Analysis
1092 Words | 5 PagesDeath/alcoholism the true diary of a Partime Indian Alcoholism is another prevalent throughout his book that the author discuses continuously junior defines his community and family as mostly drunk he is angry and hurt by this outcome and also he is hurt by the many tragic deaths that lead to alcohol surrounding his community I know only like five Indians in our whole tribe who had never drunk alcohol He is familiar with his family and community being alcoholics, and is far too aware with the consequences and concerns of heavy drinking habits and lifestyles The effects of alcoholism in junior life are seen numerous times junior talks about the disappoint times that there is no presents during Christmas because of family situation and incapability which increase when his father disappears for a number days because of alcohol addiction Arthur describes his
Prison Releasee Reoffender Act (PRA)
972 Words | 4 PagesIssue 6- Does the Act violate the Procedural Due Process? Conclusion 1.
The Constrained Court
429 Words | 2 PagesThe Court’s effectiveness relies on the institutional capacities as well as the ruling’s popularity. When lower-court judges comply with Supreme Court decisions, rulings can have a substantial effect on social policies, as in the case
Ethics Case Of Darling V. Charleston Community Memorial Hospital
503 Words | 3 PagesAt the end of this case, the court had this to
Importance Of Stare Decisis In Malaysia
814 Words | 4 PagesIn the said case, the counsel for the appellants tried to argue before the Court of Appeal that the decision in the case Rama Chandran v The Industrial Court of Malaysia & Anor was wrong. Because the court was heard in the Federal Court, the Court of Appeal disagreed. It was also
More about Trademark Law Of India Essay
Summary Of The Controversial Court Case Of Ogden Vs. Gibbons
576 Words | 3 PagesBlackhorse V. Pro-Football, Inc. Case
106 Words | 1 PagesSummary Of Morgan V Sate
782 Words | 4 PagesFord Motor Credit Co. 2d 956
525 Words | 3 PagesThe Case Of Michigan Vs. Bay Mills
1718 Words | 7 PagesKorematsu Case Law
438 Words | 2 PagesWhat Was The Legal Significance Of The Case Of Gerald Gault
878 Words | 4 PagesAmended Complaint At High Desert State Prison
1142 Words | 5 PagesJohn Marshall Research Paper
439 Words | 2 PagesBtec Business Level 3 Unit 5 P4
1809 Words | 8 PagesA Partime Indian Analysis
1092 Words | 5 PagesPrison Releasee Reoffender Act (PRA)
972 Words | 4 PagesThe Constrained Court
429 Words | 2 PagesEthics Case Of Darling V. Charleston Community Memorial Hospital
503 Words | 3 PagesImportance Of Stare Decisis In Malaysia
814 Words | 4 Pages