The Indian trademark jurisprudence in its expeditiously evolving journey saw 2015 attaching many feathers to its hat. With increasing number of litigations, consequently fostering enhanced enforcement and settlements has stimulated players in the ecosystem in being more sensitized and mindful towards the IP lifecycle in India – from filing to injunctions. Significant changes in the Trademark office and courts have been witnessed to have a direct influence on the confidence and awareness of stakeholders in the IP ecosystem. To mention a few:
– increase in trademark filings by 300% over the last decade
– becoming a member of the Madrid Protocol
– increase in number of ‘Anton Pillar’s’ order and ‘John Doe’ orders (aka ‘Ashok Kumar’ in India)
– awarding punitive damages in IP matters
– increase in injunctions based on ‘Passing Off’ principle
With that background and Khurana and Khurana’s involvement in trademark litigations, we provide herewith a compendium of certain key judgment summaries, that reflect a diverse range of issues discussed and adjudicated upon in the Indian courts pertaining to the interpretation/ implementation of various provisions of The Trademark Act, 1999 and can be accessed here:
About the Author: Mr. Amarjeet Kumar, Senior Associate (Litigation), Khurana & Khurana, Advocates and IP Attorneys and can be reached at:Amarjeet@khuranaandkhurana.com.