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Harpic v. Domex Advertisement: Product Disparagement or Nominative Fair Use?

SpicyIP

Domex Advertisement: Product Disparagement or Nominative Fair Use? An image of the comparative advertisement launched by Domex, wherein Domex explicitly asks which toilet cleaner fights bad smell for longer and makes a tick mark against Domex, with Harpic as another option next to it. Pragya Jain. image from here ).

Fair Use 105
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Serious Comparative Advertising: Broadening the Definition

SpicyIP

We’re pleased to bring you a guest post by Sangita Sharma, looking into the law around comparative advertisements in India. Serious Comparative Advertising: Broadening the Definition. It allowed the advertisement but asked the company to remove the reference to the detergent soap. Sangita Sharma.

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Trademarks as a Barrier to Free-Speech: An Examination of the MetaBirkins Dispute

SpicyIP

This article seeks to examine how trademark law interacts with the freedom of expression of artists to choose the subject matters they wish to engage with, using the dispute between Hermès, a fashion industry giant and Mason Rothschild, a digital artist, as a contextual backdrop. The Hermès-Rothschild Dispute. Ltd vs Google India Pvt.

Trademark 130
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Trademark Infringement in the Digital Age

IP and Legal Filings

The accessibility of Internet markets and the ease with which information may be shared have given rise to new opportunities for trademark infringement. Trademark infringement has grown more complex and pervasive, ranging from counterfeit goods to digital squatting and keyword advertising.

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SpicyIPWeekly Review (December 4- December 10)

SpicyIP

Decoding Street Art, Fair Use and Moral Rights Is usage of Mural art, in commercial advertisements covered by Fair use? Lokesh, in this lovely poem, describes how he’d imagine that conversation would happen, highlighting the overlap between the two. Click to read! Other Posts Is the Writing on the Wall?

Trademark 103
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Trademark Dilution: Understanding, Forms, And Legal Implications Under The Trademarks Act Of 1999

IP and Legal Filings

TARNISHMENT Unauthorized use of famous mark which is offensive, inappropriate in connection with a similar mark or trade name.Tarnishmentmainly occurs when the product is contrary to the corporate values of the trademark owner and another form is to offend or criticize the trademark’s owner. “

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SpicyIP Weekly Review (August 23 – 29)

SpicyIP

and the socio-legal opportunism of the defendants’ arguments for condonable trademark infringement, set in the backdrop of the ongoing global pandemic. s copyright and registered trademark by thrusting its deceptively similar goods and flooding the high-in-demand but low-in-knowhow market, with its imitation products.