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By N. Mahabir
Slogan carry the philosophical burden of a brand. Slogan conveys the message of the business alongside the brand and at times it is the brand or more important than the brand.
By N. Mahabir
The tort of passing off is a common law remedy. It is a facet of Unfair Competition. As the term denotes it is a false representation about the source or quality of goods, service or business.
By N. Mahabir
Design is considered a statutory right whereas passing off and trade mark are considered as sui generis right. A statutory right entails its origin and extinguishment happens in terms of the statue.
By N. Mahabir
"There is only one boss. The customer. And he can fire everybody in the company from the chairman on down. Simply by spending his money somewhere else" – Sam Walton.
By N. Mahabir
The Government of India notified Trade Mark Rules, 2017 with effect from 06 March 2017 with a view to simplify and speed up the entire process of trade mark administration.
By N. Mahabir
Under section 8 of the Patents Act, an onus is cast upon the applicant to disclose applications filed in foreign countries corresponding to the Indian application.
By N. Mahabir
At least the Delhi High Court thinks so. In a recent judgment passed by the Delhi High Court in the case of The Chancellor, Masters & Scholars of the University of Oxford & Others Vs. Rameshwari Photocopy Services & Another, . . .
By N. Mahabir
The territorial jurisdiction to institute a trade mark infringement or copyright infringement case is turning into a battleground with contrary views being taken by the Delhi High Court and the Bombay High Court.
By N. Mahabir
India has a unique provision under Section 8 of the Patents Act, 1970. It reads as under: