Region: India

Acts of forgery and fabrication for claiming false prior use are punishable, Delhi High Court holds

The Delhi High Court has imposed $6,000 in costs on a company for acts of forgery and fabrication that claimed false prior use. 

19 July 2024

Legal Updates you may have missed: fashion and luxury courtroom defeats

The third instalment in our series highlighting Legal Updates you may have missed asks what we can learn from recent trademark defeats for Kurt Geiger, Hermès, Timberland and Vans.

16 July 2024

Delhi High Court permits refurbishment of end-of-life hard drives, but with disclaimers and manufacturer’s mark

The Delhi High Court has permitted a number of defendants to sell refurbished end-of-life hard disk drives provided that they comply with certain directions.

11 July 2024

Interview exclusive: secretary general of Asian Domain Name Dispute Resolution Centre reveals plans for future growth

The ADNDRC has seen a 33% increase in UDRP cases over the past five years, as new domain name issues emerge, exclusive interview reveals. 

08 July 2024

Tesla ordered to settle India dispute; Trump sneaker counterfeit lawsuit; Huawei sells AITO – news digest

In our latest round-up, we look at the NCAA being sued by 16 more college athletes, The Rolling Stones heading to the metaverse, and much more.

05 July 2024

Asia-Pacific filing decline continues; Russian applicants turn to WIPO: data analysis

WTR analyses trademark filing trends at major Asia-Pacific registers. 

26 June 2024

India: Courts zero in on online infringement while collaboration needed for effective offline enforcement

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

An uptick in fraudulent domain-name cases necessitates a sophisticated investigation strategy and courts are actively looking into digital platform compliance to curb this surge. Meanwhile, although enforcement at the border is robust, rights holders must remain in constant communication with India’s customs authorities. 

24 June 2024

NIVEA prevails in trade dress dispute as Delhi High Court cements comparative advertising boundaries

The Delhi High Court has shed light on the boundaries of comparative advertising in a trade dress dispute over NIVEA’s Crème face cream, highlighting the courts’ role in safeguarding consumer interests. Businesses and rights holders should be cautious to operate within these limitations when marketing their products. 

20 June 2024

What a Modi third term means for IP policy in India

Local lawyers expect Narendra Modi, who will be the prime minister of India for another five years, to continue pro-IP policies. 

06 June 2024

Blow for Vans Inc as Delhi High Court holds that prior use trumps well-known marks

The recognition of a mark as well known does not give an automatic right to its owner to apply for rectification of other marks that have subsisted on the register for several years. 

05 June 2024

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