What happens when a term commonly used across an industry to describe a product’s function is claimed as an exclusive trademark by one market participant? Can a business prevent competitors from using language that consumers ordinarily understand as descriptive of the product itself? These questions came before the Delhi High Court in Honasa Consumer Ltd. v. Visage Beauty and Health […]
Trademark disputes are often shaped as much by procedure as by questions of ownership or goodwill. A missed filing deadline or delayed evidence can sometimes determine the fate of valuable intellectual property rights before the dispute is even examined on merits. But should procedural timelines automatically extinguish substantive trademark rights? This issue came before the Bombay High Court in Black […]
Search for a brand online today and the first thing a consumer often encounters is not the brand’s official website, but a sponsored advertisement. In digital marketplaces driven by keywords, algorithms, and paid search rankings, consumer attention can be redirected within seconds. For trademark owners, this creates a recurring concern: when competitors or third parties use protected marks in online […]