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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
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
Comparative advertising in India puff under scrutiny
- Luthra & Luthra Law Offices
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- India
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- December 2 2009
Indian courts have traditionally allowed advertisers ample leeway when making "puff" statements (ie, exaggerated claims) about their products
Comparative advertising in India puff under scrutiny
- Luthra & Luthra Law Offices
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- India
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- November 2 2009
In a landmark decision, the High Court of Madras has attempted to tighten the rules on comparative advertising
Pharmaceutical trademarks
- Luthra & Luthra Law Offices
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- India
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- August 30 2009
The Indian courts have adopted the principle of trans-border reputation to protect foreign pharmaceutical marks that have not been registered in India
