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India

Beyoncé trademark battle, Saudi fees fall, and HP on Paraguay fakes approach: news digest

In our latest edition, we look at India taking a step towards aligning itself with the global trademark system, Ghostbuster Dan Aykroyd prevailing in an infringement case, and much more.

Beyoncé trademark battle, Saudi fees fall, and HP on Paraguay fakes approach: news digest
23 Jan 2019

You get what you pay for? Variances in law firm hourly rates revealed

New research has revealed the variance in the hourly rates charged by law firm practitioners for trademark-related work in key jurisdictions, with the hourly rate for a partner ranging from $30 to $880.

13 Dec 2018

“Sometimes you need a firm that will shoot from the hip”: insights from 7-Eleven’s Allison McDade

In an exclusive interview, Allison McDade shared her approach to tackling imitation convenience stores in Asia and explained the challenges stemming from the company’s expansion.

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28 Feb 2019

Delhi High Court imposes substantial punitive damages on habitual infringers

In Whatman International Limited v Mehta, the Delhi High Court has taken a stern stance against habitual infringers. The decision shows that the Indian courts are increasingly adopting a zero-tolerance policy in such cases. Read more

25 Feb 2019

The digital revolution and the future of India’s financial service brands

India's banks operate in one of the world's most active fintech markets. As fraudsters try to take advantage, financial companies must be ready to stop brand infringement. Read more

8 Feb 2019

Delhi High Court: ‘book my’ is descriptive and generic English term

The Delhi High Court has dismissed an application by Bigtree Entertainment – owner of the mark BOOKMYSHOW – for an injunction restraining the defendants from using the mark BOOKMYEVENT. Read more

4 Feb 2019

Consumer Protection Bill will transform landscape for celebrity endorsements

The new Consumer Protection Bill would introduce liability for celebrity endorsers who fail to carry out sufficient due diligence before endorsing goods or services - although the bill is silent as to what this actually entails. Read more

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Anti-counterfeiting

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24 Oct 2018

“Counterfeiters have no compunction about hurting or killing people”: exclusive interview with Gilead’s Gretchen Stroud

WTR spoke to Gilead's Gretchen Stroud about the fight against fake drugs being sold on social media, the trademark challenges that arise when drugs go off-patent, and much more. Read more

12 Sep 2018

Trademark procedures and strategies: India

The Indian courts have taken the lead in issuing landmark decisions on several issues, including recognition of trans-border reputation and goodwill, trademark violations in respect of unrelated goods, online counterfeiting and protection of celebrity rights. Read more

3 Sep 2018

Plain packaging in India moves closer following Supreme Court decision and upcoming amendments

In the coming days, new governmental amendment rules in India are set to take effect that, according to one expert, suggest that a move towards full plain packaging in the country is only a matter of time. Read more

30 Jul 2018

The struggle to interpret Indian jurisdiction in online transactions

When it comes to exercising jurisdiction in online disputes, Indian jurisprudence has some way to go – but case law analysis may provide critical insight. Read more

Brand management

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29 Aug 2018

Safeguarding dynamic marks and slogans in India

Fluid trademarks and slogans are excellent marketing tools as they engage customers and improve sales, but their enforceability remains challenging. Read more

29 Jun 2018

India promises market potential but challenges remain for luxury brands

While luxury brands are increasingly entering the Indian market, proving India’s potential as a destination for luxury products, they face some formidable challenges, including high import duties, lack of quality retail space and the ever-present threat of counterfeiting. Read more

1 May 2018

The rise of licensing in India

Advancements in technology and expanding marketplaces have been key to successful licensing programmes in India over recent years. Local trademark owners and licensees should now follow in the footsteps of international brands and adopt licensing as a core revenue stream. Read more

16 Apr 2018

Start-ups, data privacy and trade secrets

For many start-ups, the data they possess is their biggest source of value. These fledgling companies must have a defined strategy for protecting data as both a business asset and an IP right. Read more

Enforcement and litigation

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28 Feb 2019

Delhi High Court imposes substantial punitive damages on habitual infringers

In Whatman International Limited v Mehta, the Delhi High Court has taken a stern stance against habitual infringers. The decision shows that the Indian courts are increasingly adopting a zero-tolerance policy in such cases. Read more

25 Feb 2019

The digital revolution and the future of India’s financial service brands

India's banks operate in one of the world's most active fintech markets. As fraudsters try to take advantage, financial companies must be ready to stop brand infringement. Read more

8 Feb 2019

Delhi High Court: ‘book my’ is descriptive and generic English term

The Delhi High Court has dismissed an application by Bigtree Entertainment – owner of the mark BOOKMYSHOW – for an injunction restraining the defendants from using the mark BOOKMYEVENT. Read more

28 Jan 2019

Litigation procedures and strategies: India

In 2015 the Indian legislature passed a new act – the Commercial Courts Act – which came into effect in January 2016, with the objective of streamlining and expediting commercial lawsuits, including IP disputes.  Read more

Goverment/policy

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17 Apr 2018

WHOIS access charges, NGOs take aim at watch list plans and INTA applauds ‘Brand India’: news round-up

In our latest round-up, we look at a registry’s plans to charge trademark owners for access to WHOIS data and  the war of words over plans for an IP markets watch list. Read more

11 Apr 2018

Customs concerns: counsel identify significant room for improvement in India, Iran and Turkey

Trademark counsel have had their say on the efficiency of customs authorities across the globe – with some of the largest importers of counterfeit goods giving cause for continued concern. Read more

6 Apr 2018

Trademark offices prepare for the future as users give poor performance grades

The performance levels of the Chinese, Brazilian and Indian trademark offices have clear room for improvement but change could be afoot. Read more

5 Mar 2018

India urged to clamp down on celebrity endorsements; opportunities arise for canny brands

​​​​​​​The Confederation of All India Traders has piled pressure on the Indian Government to pass a new Consumer Protection Bill which contains provisions designed to hold brand ambassadors liable for misleading endorsements. Read more

Law firms

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26 Apr 2018

Private practice perspectives on diversity: “We must push forward in the name of achieving greater equality”

Law firm professionals reflect on the theme of this year’s World IP Day, which highlights the ingenuity and courage of the women who are driving change in our world. Read more

10 Oct 2017

From the EUIPO to the EPO: Campinos elected next president as race to Alicante top spot commences

António Campinos, executive director of the EUIPO, has been elected as the next president of the EPO. He will serve a five-year term from July 1 2018. Read more

3 Oct 2017

MLB’s top TTAB user, Thai IP Office gets an upgrade and Russia to introduce “Made in Prison” label: news round-up

In this news round-up, we look at how India may remove the controversial Goods and Services Tax exemption for unbranded food products and how the Chicago Cubs are tackling an increase in counterfeiting. Read more

12 Sep 2016

Two new free-to-view IP guides now available

World Trademark Review is pleased to announce the publication of the latest editions of Pharmaceutical Trademarks: A Global Guide and India: Managing the IP Lifecycle. Read more

IP offices

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25 Sep 2018

New study finds low IP awareness among students, teachers and scholars in India

Research has found that a significant portion of people studying and teaching at higher educational institutions in India have no awareness of intellectual property rights.  Read more

31 Aug 2018

Fake Warren Buffett fools thousands, Monsta mashes Monster, and Starbucks and Sardarbuksh dispute brews: news round-up

In our latest round-up, we look at a Canadian coalition urging that cigar companies be exempt from proposed plain packaging regulations, the Chinese government promising stricter IP protections, and much more. Read more

18 May 2018

India’s revitalised trademark landscape fails to boost leading brands: exclusive data analysis

In this week’s exclusive country data report, we provide a rundown of India’s trademark landscape. We explore the surge in registrations at the Indian IP office, reveal the top filers, and inspect the widespread fall in value of the country’s top brands. Read more

18 May 2018

Flurry of royal wedding marks, Israel added to TMview, and India unveils IP mascot: news round-up

In our latest round-up, we look at a number of trademarks that appear to be related to Prince Harry and Meghan Markle, the USPTO unveiling a new resource center, the sale of the Toys-R-Us brand, and much more. Read more

Online

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23 Nov 2018

Victory for Louboutin as Delhi High Court clarifies responsibilities of online intermediaries

In Christian Louboutin SAS v Nakul, the Delhi High Court has ruled in favour of Louboutin, stating that the safe harbour protection under Section 79 of the Information Technology Act is not absolute. Read more

1 Jan 2018

India: Indian courts respond to thriving online market

With a growing incentive for traders to migrate to online retail marketplaces, Indian courts face a new set of challenges from disputes involving e-commerce Read more

2 Nov 2017

Territorial jurisdiction in the new interconnected world

The Delhi High Court was recently held to have jurisdiction to try a suit despite the defendants being based in the United Arab Emirates. As the defendant sold its goods and services through app stores and e-commerce portals, the court found that online sales are "virtually the same thing as a seller having shops in that place in the physical world”. This decision will help IP owners to take swift action against counterfeiters and infringers which exploit the anonymity of the Internet. Read more

12 Apr 2017

Delhi High Court: eBay not obliged to screen all content hosted on its portal for infringement

In Kent RO Systems Ltd v Kotak, the Delhi High Court has held that an online intermediary is not obliged to screen all information hosted on its portal for infringement. The court disagreed with the plaintiff’s argument that eBay had an obligation under the Information Technology Act to observe due diligence in relation to potential infringements. Read more

Portfolio management

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29 Aug 2018

Safeguarding dynamic marks and slogans in India

Fluid trademarks and slogans are excellent marketing tools as they engage customers and improve sales, but their enforceability remains challenging. Read more

3 Aug 2018

MISS EARTH case: ex parte injunction vacated as plaintiff suppressed material facts

An Indian court has vacated an ex parte injunction preventing the defendants from using the mark MISS EARTH as a title in respect of a beauty pageant. Read more

29 Jun 2018

India promises market potential but challenges remain for luxury brands

While luxury brands are increasingly entering the Indian market, proving India’s potential as a destination for luxury products, they face some formidable challenges, including high import duties, lack of quality retail space and the ever-present threat of counterfeiting. Read more

1 May 2018

The rise of licensing in India

Advancements in technology and expanding marketplaces have been key to successful licensing programmes in India over recent years. Local trademark owners and licensees should now follow in the footsteps of international brands and adopt licensing as a core revenue stream. Read more

Trademark law

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28 Jan 2019

Litigation procedures and strategies: India

In 2015 the Indian legislature passed a new act – the Commercial Courts Act – which came into effect in January 2016, with the objective of streamlining and expediting commercial lawsuits, including IP disputes.  Read more

7 Jan 2019

Protecting and enforcing design rights: India

While the Indian Patent Office has four branches (in Chennai, Delhi, Kolkata and Mumbai), there is only one branch of the Design Office, which is found in Kolkata. Read more

28 Dec 2018

IP India report reveals that Trademarks Registry has more work to do

The Trademarks Registry has made substantial progress to clear the backlog of opposition cases. Nevertheless, with fierce competition among emerging economies, there is more to be done. Read more

29 Oct 2018

India: the dawning of a new day

The Indian trademark office has made significant strides in improving its operations, efficiencies and digital efforts over the past 18 months. We look at how these could shape trademark protection in India in the coming years. Read more

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Beyoncé trademark battle, Saudi fees fall, and HP on Paraguay fakes approach: news digest

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From the EUIPO to the EPO: Campinos elected next president as race to Alicante top spot commences

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Procedures and strategies for pharmaceutical brands: India

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Procedures and strategies for anti-counterfeiting: India

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Hindustan Unilever triumphs in slander of goods case

latest

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Delhi High Court imposes substantial punitive damages on habitual infringers

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The digital revolution and the future of India’s financial service brands

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Delhi High Court: ‘book my’ is descriptive and generic English term

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Consumer Protection Bill will transform landscape for celebrity endorsements

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