India: Trademark

Brands can emerge as reputable entities with the advent of today's digital marketplace, with business names trending across social media, and thus finding themselves with large follower numbers and robust sales, in a very short time frame.

An idea that was once thought of as nothing more than a dream (a physique for a high speed, modern form of travel) is now becoming more and more real every day.

With the business and commercial environment changing so quickly, branding is crucial for drawing in customers through products, designs, colors, lighting, etc.

Intellectual property law essentially plays the role of incentivizing creation, ensuring transparency in the market, and maintaining fair competition in the marketplace.

The main question before the Court was whether the respondent's mark "ACTIVEPUSHPA" was deceptively similar to the petitioner's earlier registered mark "HEMPUSHPA" under Sections 9 and 11 of the Trademarks Act. Indian courts treat trademark protection in the pharmaceutical and ayurvedic sectors with special care because it affects consumer health and safety. The Delhi High Court's decision in Rajvaidya Shital Prasad and Sons vs Karna Goomar & Anr. adds to this area of law by examining deceptive similarity..

Actor, public figure and politician, Shatrughan Sinha has approached the Bombay High Court seeking protection of his personality and publicity rights against unauthorized commercial exploitation of his persona.

Can a phrase as ordinary as "A TO Z" be registered as a trademark? The Delhi High Court's decision in Alkem Laboratories Limited v. Prevego Healthcare and Research Pvt Ltd. suggests that, in certain circumstances, it can.

The respondent i.e., Tuticorin Port Trust, a statutory authority constituted under the Major Port Trusts Act, 1963, undertook a significant dredging project titled "Deepening of the Channel and Basin to Cater to 12.80 metre Draught Vessels at Tuticorin Port", aimed at enabling the port to accommodate larger vessels.

AD11 agreed to discontinue the use of the "Dream11" mark in India, following which the Delhi High Court referred the parties to mediation.