Sep
2017
Published in: Lex witness | Sep 2017
Piggy-back Riding Sub-Marks
In today’s fast paced investment-infused world, companies, whether multinational corporations or Indian business houses, are obsessed with maintaining the brand image of their house mark. The house mark of a company (such Tata, Reliance, Amazon, Ford, Hyundai etc.) represents their reputation, goodwill and, indeed, very existence to customers, trade, investors etc.
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Aug
2017
Published in: Lex witness | Aug 2017
Zombie Trade Marks and Residual Goodwill!
Zombie Trade Marks!! Beware and be-warned!! A legal aspect of trade mark law which ought to be seriously considered in the current commercial world is - whether a trade mark whose use has been abandoned by the original owner can be adopted/appropriated by an unrelated new party and what effect any residual goodwill in the original use and exploitation may have on the subsequent use and exploitation.
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Jul
2017
Published in: Lex witness | Jul 2017
The Law of Generic Disparagement: Is It Possible for A Single Manufacturer to Claim Disparagement Through An Action of Generic Disparagement?
In the words of J. Usha Mehra in the case of Pepsi Co. Inc. v. Hindustan Coca Cola - “Effective advertising delivers a message that is remembered. It can change the way the world views a product or service.”
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Jun
2017
Published in: Lex witness | Jun 2017
Sections 29(4) v. 29(5) - Disputed Territorys
Recently there has been much debate about the scope and applicability of Sections 29(4) and (5) of the Trade Marks Act, 1999 (hereinafter, the “Act”).
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