Introduction The dispute between The Procter & Gamble Company, a global giant in consumer goods,…

Introduction The case of Fair Food Overseas Pvt Ltd v. KRBL Limited, decided by the…

This case revolves around a rectification petition under Section 57 of the Trade Marks Act, 1999, where the petitioner sought the cancellation or removal of the respondent’s trademark ‘GMW’ in Class 11, arguing it was deceptively similar to their own ‘GM’ marks used since 1999 in the electrical goods sector. The court, presiding over an ex-parte proceeding due to the respondent’s non-appearance, emphasized the overriding principle that prior adoption and continuous use, backed by substantial goodwill evidenced through sales and registrations, prevail over later registrations that could lead to confusion or passing off.

The court ruled in favor of the petitioner, emphasizing how extensive historical usage and acquired reputation can trump subsequent registrations that appear to capitalize on established goodwill. This decision not only reinforces the protective mechanisms of the Trade Marks Act but also highlights the judiciary’s role in maintaining the purity of the trademark register by eliminating marks that could lead to consumer confusion and unfair trade practices. At its core, the case illustrates the delicate balance between innovation in branding and the safeguarding of legacy marks in competitive markets like pharmaceuticals and ayurvedic products, where phonetic and structural similarities can easily mislead the average consumer.

Introduction The current copyright jurisprudence does not protect but exploit. With the advancement of technology…

In a modern regulatory state, transparency and accountability are essential for good governance. The Right…

What a Distant Arctic Island Means for India Barely days into the new year, global…

This article explains the legal protection given to novelists under the Copyright Act, 1957, and how writers can safeguard their creative works.

In the age of digital publishing, an author’s name is more than just identity — it is their brand, livelihood, and legal right. This article explores how Indian copyright, trademark, and moral rights law protect pen names and pseudonyms, ensuring that writers retain control over their creative identity even in the online world.

From South Asia to West Asia: A Region in Turmoil From South Asia to West…

Whether Statements Made to the Trademarks Office During the Prosecution of a Trademark Can Be…

This article examines the copyrightability of AI-generated creative works under the Indian Copyright Act, 1957. It analyses the distinction between fully autonomous and AI-assisted creations, the implications of human authorship and originality, and the significance of the Raghav AI (Ankit Sahni) case.

The Trademark Act, 1999 Section 33, Effect Of Acquiescence Abstract Section 33 of :contentReference[oaicite:0]{index=0} says…

Introduction Copyright is not merely a legal mechanism for economic reward; it is a recognition…

This article attempts to critically analyse the working paper published by Department for Promotion of Industry and Internal Trade. It proposes a hybrid model in the working paper, which applies the mandatory blanket licensing. The article critically analyzes this model and their after effects.

In recent times, the disputes scaling between emerging brands like Prime and Mas+[i] to the…

Introduction The Middle East remains one of the most complex geopolitical regions in the world.…

Overview of India’s Semiconductor Ecosystem Over the course of its development, India’s semiconductor ecosystem has…

In The Volatile Terrain Of West Bengal Politics In the volatile terrain of West Bengal…

Introduction In this rapidly expanding global business ecosystem, protecting brand recognition has become the need…