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DECEPTIVE SIMILARITY OF TRADEMARKS- THROUGH JUDICIAL DECISIONS

Deceptive similarity can in simple terms be described as likeness between two trademarks which can probably mislead the general public of average intellect to believe that the present mark is in one way or the other connected to another registered or well-known trademark. Deceptively similar trademarks seem visually and phonetically [...]

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CASE ANALYSIS DOMINOS IP HOLDER LLC & ANR v. MS DOMINICK PIZZA & ANR.

Equivalent citations: CS (COMM) 587/2022Bench: JUSTICE PRATHIBA M. SINGHDate of Order: 29.08.2022Petitioner: DOMINOS IP HOLDER LLC & ANR.Respondent: MS DOMINICK PIZZA & ANR. BRIEF FACTS-The facts of the case state that Dominos IP Holder LLC, popularly known as Dominos (‘plaintiff’) was striving for protection of the mark ‘Domino’s Pizza’, and [...]

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PRE-LITIGATION MEDIATION IS NOT MANDATORY IN CASES CONCERNING URGENT RELIEF

Bolt Technology (the plaintiff) brought this lawsuit against Ujoy Technology Ltd. (the defendant) in order to restrain the defendant from infringing its intellectual property rights, unfair competition, and other rights. Using the mark "BOLT" in connection with ride-hailing, food and grocery delivery, automobile rentals, e-bike and scooter rentals, and [...]

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What is Patent Translation?

The process of translating patent documentation into another language is known as patent translation. Most non-English patent office’s requires a patent application to be submitted in their official language. Patent paperwork typically consists of patent specifications, office actions (later stages), attorney correspondence, and any other materials needed for the [...]

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TRADEMARK PORTFOLIO ANALYSIS

Trademark portfolio is a valued asset. A trademark portfolio, like any other asset, requires constant monitoring, auditing, and management of each trademark family. An imperative analysis is done on a complete trademark portfolio or a subsection of trademark families, in which each trademark family in a portfolio can contain trademark [...]

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What is Patent Watch and Trademark Watch?

Patent watch services form part of the post-registration services available for a patent, and are a useful tool in a patent holder’s enforcement strategy. Similarly, the trademark watch services form part of the post-registration services available for a trademark, and are a useful tool in a trademark holder’s enforcement [...]

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BATTLE AGAINST BAD FAITH TRADEMARK APPLICATIONS

China’s Supreme People’s Court (“SPC”) in this judgment, finally recognized the Spanish high-fashion shoe designer’s name right in the MANOLO BLAHNIK mark. This judgment ends the decades-long trademark dispute by invalidating the squatted mark, which had prevented Mr. Blahnik from using his personal name as the trademark for his famous [...]

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