Well-Known Trademarks and Cross-Class Protection: Key Takeaways from the GHOSTBUSTERS Decision

Introduction The concept of well-known trademarks occupies an important position within the Indian jurisprudence governing trademarks. By virtue of the reputation and distinctive character enjoyed by well-known trademarks, they are entitled to a broader scope of protection, extending beyond the confines of the specific goods or services for which they are registered. However, the procedures around well-known trademarks and their … Read More

Expanding the Realms of Trademark Distinctiveness, Family of Marks, and Infringement – Debriefing the Wow Momo v. Wow Burger case

Introduction Trademarks are one of the primary businesses/commercial tools that enables public to identify and associate goods and services as emanating from a particular trader/ brand owner / proprietor/entity. At the core of Trademark law, lies the doctrine of distinctiveness, which may either be inherent, or built over time by use and promotion, i.e., acquired. Time and about, through a … Read More

Shape Marks Protection in India: The Tale of Two Courts

Introduction The paradigm of Trademark law has undergone a sea change and now travels beyond the traditional and conventional concepts of word mark, logo mark and label marks. The definition[1] accorded to a ‘mark’ under the Trademarks Act, 1999 (“Act”) encompasses a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours … Read More