Region: India

Tesla ordered to settle India dispute; Trump sneaker counterfeit lawsuit; Huawei sells AITO – news digest

In our latest round-up, we look at the NCAA being sued by 16 more college athletes, The Rolling Stones heading to the metaverse, and much more.

05 July 2024

Register Tracker Asia-Pacific: January-April 2024

Featured in Trademark register tracker

WTR analyses trademark filing trends at major Asia-Pacific registers. 

26 June 2024

India: Courts zero in on online infringement while collaboration needed for effective offline enforcement

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

An uptick in fraudulent domain-name cases necessitates a sophisticated investigation strategy and courts are actively looking into digital platform compliance to curb this surge. Meanwhile, although enforcement at the border is robust, rights holders must remain in constant communication with India’s customs authorities. 

24 June 2024

NIVEA prevails in trade dress dispute as Delhi High Court cements comparative advertising boundaries

The Delhi High Court has shed light on the boundaries of comparative advertising in a trade dress dispute over NIVEA’s Crème face cream, highlighting the courts’ role in safeguarding consumer interests. Businesses and rights holders should be cautious to operate within these limitations when marketing their products. 

20 June 2024

What a Modi third term means for IP policy in India

Local lawyers expect Narendra Modi, who will be the prime minister of India for another five years, to continue pro-IP policies. 

06 June 2024

Blow for Vans Inc as Delhi High Court holds that prior use trumps well-known marks

The recognition of a mark as well known does not give an automatic right to its owner to apply for rectification of other marks that have subsisted on the register for several years. 

05 June 2024

Madras High Court: pharmaceutical marks require lesser degree of confusion

The burden of proving trademark infringement is lighter in cases involving medicinal drugs - especially Schedule-H drugs, which can be sold only by medical prescription. 

03 June 2024

Good news for Pfizer as Delhi High Court restrains use of VIGOURA 

The court found that the defendants’ use of the mark VIGOURA in relation to homeopathic medicine amounted to infringement and passing off of Pfizer’s registered mark VIAGRA.

30 May 2024

High Court upholds sanctity of trademark assignment agreement

In this dispute over use of the ENERZY mark for an energy powder, the court had to interpret an agreement entered into by the parties in relation to the transfer of various trademarks upon payment of the agreed consideration. 

28 May 2024

The perils of protecting a surname such as Jindal

Section 35 of the Trademarks Act prohibited the plaintiff from interfering with the defendants’ use of their own mark, provided that such use was in good faith.

23 May 2024

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