Intellectual property rights cover several areas, including Trademarks, Patents and Copyright, Geographical indication. These rights are essential to the owners and can attract high values to the person or business with the benefit of them. Infringement Using intellectual property rights without the legal owner’s consent can cause damage and loss to the owner, giving rise…

Trademark infringement is the unauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services. The success of a lawsuit to stop the infringement turns on whether the defendant’s use causes a likelihood of confusion in the average consumer. When infringement occurs, a trademark owner (the…

The Central Government through an Ordinance, to be specific the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021, published in the Gazette of India dated April 4th, 2021 (the “ordinance”) has nullified the Intellectual Property Appellate Board (IPAB) which was set up in 2003 under Trade Marks Act, 1999 and was exercising original and…

Trademark infringement by means of counterfeiting is a crime while ordinary infringement of a trademark is a statutory civil wrong. Criminal counterfeiting inevitably constitutes a civil infringement of the registered trademark. Now talking about counterfeiting, it is nothing but the prosecution having the ability to prove that the goods are not genuine, meaning that they…

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