The High Court Ruled that the 'Yezdi' brand name is owned by the liquidating Ideal Jawa, allowing the official liquidator to sell the brand through an auction.
Background of the case
Classic Legends was founded in 2015 and Boman Irani is one of its directors, although Boman Irani registered the trademark of "Yezdi" between 2013 and 2015.
It was contended in court that Boman Irani’s father Rustom S. Irani, who founded Ideal Jawa, owned the name 'Yezdi' and thus his son acquired the trademark after his death. Boman Irani further argued that Ideal Jawa abandoned the trademark without renewing it, so anyone could register 'Yezdi' with the trademark authority.
However, the court dismissed these claims, stating that Id....
The buzzword for 2020 was supposed to be the development of the Artificial Intelligence (AI). However, we all are sitting in our home contributing our best to fight against a global pandemic instead.
AI is set to transform all aspect of our lives including workplaces, homes and vehicles. AI has already hit the large enterprises touching various arenas like internet searching, computers with speech recognition and so on. It is anticipated that AI will be more widespread in everything from car to medicines and so on.
The trends being followed by AI includes, AI as a technology to explore further research, AI for policy and decision makers in Government and business and so on. The first step in maximizing the widespread be....
The patent application would be placed in order for grant once it is found to be meeting all patentability requirements. However, the same can be challenged by any third party on different grounds, and the same is caused to be done by filing a revocation petition/ post-grant opposition proceedings.
Why revocation application?
Rights granted on patent cannot be absolute. Third parties are also given chance to challenge the validity of the patents by asserting infringement of patent rights.
Who can file a revocation petition?
As per section 64 of the Patent Act, 1970, the following persons can file the petition in the High Court:
? Any person interested
? The Central Government
? The person making the counter- claim ....
The positive aspects of brands can be better understood and experienced by acknowledging the negative impact of brand restrictions. It includes restricting or eliminating trademarks and logos on packaging which can actually increase the dangers to consumers because of a greater threat of counterfeit goods and services or because of the increased likelihood of confusion which, in some fields, can lead to severe consequences and even fatality.
Protecting the dressing style or the artistic work is more important today considering the trend of packaging and use of artistic works to attract more consumers. Products can be differentiated on the basis of quality and packaging or the artistic work. Copyright helps to secure the tr....
No multiple entities can own a single brand under the same goods or services. Overthe period of time, proprietor firm gets converted to partnership, a partnership may get converted to a Private Limited and so on. Due to numerous reasons, the registered proprietors tend to ignore to comply with the change in ownership procedures and later on face the consequences.
The rule says, a registered trademark shall be assignable and transmissible, with or without goodwill of the business concerned and in respect of all the goods and services in respect of which the trademark is registered. The same is applicable for the unregistered trademark too. Where an assignment of a mark, whether registered or unregistered, the assignment sha....