Trade Mark

Justice Tejas Karia, in his order, recognised the 'Hermes' mark, its stylised logos and the distinctive three-dimensional shape of the Birkin handbag as well-known trademarks in India

The Fifth Circuit Court of Appeals has upheld $194 million in damages against TCS in the DXC trade secrets case, even as it vacated an earlier injunction and sent it back for reassessment

The Delhi High Court has held that generic and commonly descriptive word can never become trade marks on their own since "words used in everyday language cannot be monopolised". Justice Tejas Karia made the observation while dismissing an application filed by Yatra Online Limited, which had sought to restrain Mach Conferences and Events Limited from launching services under the marks 'BookMyYatra' and 'BookMyYatra.com'. The judge held that the expression "Yatra", being synonymous with travel in Hindi, is generic and descriptive in relation to travel services, and "no single entity can claim exclusivity over it". "Generic or commonly descriptive word can never become trade marks on their own as they never acquire distinctiveness or a secondary meaning. These words do not indicate origin or source. It is settled law that words used in everyday language cannot be allowed to be monopolised," the judge said in an order passed on August 22. The counsel for Yatra Online claimed that it ha

Hardev had alleged that Jasdev had unilaterally made changes to the trademark and moved the court to prevent its unauthorised use

The initiative is marked to boost the country's IPR regime and to promote ease of doing business