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How to protect unregistered trademarks and commercial signs in India

Luthra & Luthra Law Offices
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India
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October 29 2010

In India, the primary legislation governing trademark protection is the Trademarks Act 1999

Celebrity-focused culture highlights need for statutory right to publicity

Luthra & Luthra Law Offices
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India
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September 1 2010

Celebrities increasingly seek to protect their publicity and image rights due to the rising commercial value of their fame and identity

Balancing legal protection in india

Luthra & Luthra Law Offices
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India
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August 18 2010

The judiciary has long recognised trade dress and the get-up of goods, and has traditionally provided protection from unauthorised appropriation under the tort action of passing off

Balancing legal protection in India

Luthra & Luthra Law Offices
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India
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July 7 2010

The judiciary has long recognized trade dress or the get-up of goods, and has traditionally provided protection from unauthorized appropriation under the tort action of passing off

Domain name management

Luthra & Luthra Law Offices
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India
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May 4 2010

In Satyam Infoway v Sifynet Solutions Ltd ((2004) 6 SCC 145) the Supreme Court, while finding that a domain name can be capable of distinguishing a product or service made available to internet users, stated that: "As more and more commercial enterprises trade or advertise their presence on the web, domain names have become more and more valuable and the potential for dispute is high."

Use of Gandhi's portrait on commemorative pen prohibited

Luthra & Luthra Law Offices
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India
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March 31 2010

Following a writ petition filed by the Centre for Consumer Education before the Kerala High Court, Montblanc has been ordered not to use Mahatma Gandhi’s portrait on a commemorative pen "until further orders in the matter"

Choosing the right anti-counterfeiting measures

Luthra & Luthra Law Offices
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India
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March 17 2010

As the copyright law affords only limited protection to artistic works, IP owners in India often choose to assert trademark rights in cases of counterfeiting

Choosing the right anti-counterfeiting measures in India

Luthra & Luthra Law Offices
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India
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March 1 2010

As the copyright law affords only limited protection to artistic works, IP owners in India often choose to assert trademark rights in cases of counterfeiting

Keeping your finger on the pulse

Luthra & Luthra Law Offices
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India
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January 20 2010

Prior to the enactment of the Trademarks Act 1999 on 15th September 2003, no statutory definition of a "well-known" trademark or concept of transborder reputation existed

Keeping your finger on the pulse in India

Luthra & Luthra Law Offices
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India
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January 6 2010

While the courts are applying statutory provisions that afford protection to well-known marks, the lack of guidance on the evidence required to prove that a mark is well known means that brand owners need to rely on judicial precedents in their actions

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