India:
Prior Use Trounces Unsubstantiated Trans-Border Reputation
To print this article, all you need is to be registered or login on Mondaq.com.
After the Whirlpool Judgment, the Indian courts have been quite
consistent in recognizing the trans-border reputation of a
trademark thereby granting an injunction including both interim and
permanent against the infringers. For seeking relief on the basis
of trans-border reputation, it is not necessary for the trademark
to have been used in India and the Trademark owner would only need
to establish that the reputation, awareness and global admiration
of the trademarked goods had crossed over to India before the
Defendant started using the infringing mark. Therefore, it becomes
very important for the Plaintiff to establish such reputation by
submitting cogent documentary evidence.
Read article >>
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Intellectual Property from India
What Is Fair Use Of Copyright Doctrine?
Photon legal
Have you ever used a copyrighted work without permission, and wondered whether it was legal or not? You might have heard of the term "fair use," but what exactly does it mean?
Legal Implications Of AI-Created Works In India
Khurana and Khurana
AI has become a buzzword in our lives, considering its role and impact. It has its pros and cons that is to be governed by law and order. This Blog delves into these issues, exploring AI's potential and future, especially in the context of Indian laws.
Resounding Victory For Copyright 'Agents'
Remfry & Sagar
Indian copyright jurisprudence has time and again been faced with the question of validity of copyright societies particularly ones dealing with musical works and sound recordings.