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The Interplay between Religious Sensitiveness and Trademark Law in India

IP and Legal Filings

As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited. Gebi Products [10] , The Gala Company used the label mark “LAXMI” to market brooms.

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Vans v. FCB: Taking a Look at the Delhi High Court’s Restrictions on the Rights of Well Known Trademarks vis-a-vis Prior Use

SpicyIP

The mark was published in 2005 and was registered in 2006. The petitioner then entered the Indian market in 2011. on the other hand, filed for the trademark IVANS in 2002, claiming use since 1999. on the other hand, filed for the trademark IVANS in 2002, claiming use since 1999. The respondent, FCB Garment Ltd.

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Personal Names and Trademark Protection

Biswajit Sarkar Copyright Blog

Further, the court held that the defendant was using and registered the ‘ELVISLY YOURS’ mark and his goods have gained reputation in the market. On the contrary, neither the trademark of the plaintiff had acquired distinctiveness nor has its goods have garnered any secondary meaning in the market. Section 35 Defense.