Whether you are starting a new training routine or you are a long-time athlete, something that everyone can benefit from is changing the way that they think. I guarantee you that every successful athlete focuses on the positive instead of the negative.
There are so many aspects to health and fitness and it’s not just black and white or clear-cut. I am very passionate about health and fitness and love my job at Whole Foods as a "Healthy Eating Specialist." My journey started in 2008 when I decided I was sick of being unhealthy and out of shape, so I finally made a commitment to do something about it. The Mind Gym series of books will explore how we can get the most from our brain and use our mind to its full potential. Facts of the Case: This was a suit for the grant of an injunction against the defendants for passing off and infringement among others regarding the plaintiff’s registered trademark Mind Gym which the plaintiffs registered as early as 2004. Contentions of the Parties: The suit is essentially based on a claim infringement of the plaintiff’s registered trademark that the defendant had applied to their services. The defendant argues that the mark MIND GYM is highly descriptive because it gives indication about the exercise of mind. Among other things the defendant also argues that the name was registered under  the  Companies  Act  and  under  various  provisions  the defendant is entitled to use the name of the company. The Decision of the Court: The court held that the plaintiff’s mark, being validly registered was entitled to protection from infringement and therefore the defendant was restrained from using the trademark MIND GYM. Generic Name:  The court here noticed that although the defendants had argued that the name was highly descriptive and cannot be registered, they had applied for a registration for the mark themselves.
Passing Off and Goodwill in India: Under this head the court essentially recognised that in a passing off action the aim is the protection of goodwill that the company has earned by its activities. Infringement: The court observed that in order to prove infringement, the plaintiff must demonstrate that the defendant copied essential features of their registered trademark.
Trade Name: In this section the court observes that the defendant’s contention that the phrase MIND GYM was a part of its corporate name and that they should not therefore be restrained from using their corporate name was rejected by the court. Different fields of activity: The court clearly lays down that the law has evolved to such a position that the different fields of activity of the two marks do not make a difference to the claim of passing off. Common to the Trade: Under this head, the court considers the arguments of the defendants that that  the  mark MIND  GYM  is  common  to  the trade  and  there  are  many  companies  who have been using the mark MIND GYM  as part of their corporate names or the  firm  names  even  prior  to  the  user  claimed  by  the  plaintiff.


Thomas is a final year law student at the National Law University, Jodhpur pursuing a B.Sc. With such a recognisable and well established brand presence in the L&D community, why change?It had been seven years since its last make over and the business is now in a very different position.
Training yourself to turn negative thoughts into positive ones can benefit you on so many levels. I believe that every individual that makes a commitment to their personal health and well-being, we begin a never-ending journey of learning and growth and "there is no finish line." I am currently working on becoming a "NASM personal trainer" and "Crossfit Level 1" personal trainer. They will offer practical techniques to help readers sharpen the way they think, enabling them to connect better with those around them.
The plaintiffs also claim that the defendants are passing off on their goodwill and reputation. The court also found that a prima facie case for passing off had been made out by the plaintiffs on the basis of trans-border reputation that the plaintiffs enjoyed. When the defendant has applied for such a registration, it is assumed that they consider the mark to be distinctive. Without venturing into an actual comparison of the marks, the court concluded that they were indeed identical and that the plaintiff had a valid registration. As long as the plaintiff can demonstrate that there is a likelihood of confusion (which they have in this case) an injunction may be granted. Here the court observes that in order for such a claim to succeed the other users who use such a mark must be large in number or must have a substantial presence. Furthermore, the judgement covers the entire case law pertaining to grant of Interim Injunction in infringement and passing off cases.
Looking forward, the leaders felt it was time to have a brand that amplified Mind Gym's maturity and revolutionary approach to learning, but without losing the playfulness and wit it has become synonymous with. It won’t just benefit you in a training aspect, but it will help you with life in general.
Mental Strength plays a huge role in determining your success not only as an athlete, but as an individual. The defendants, incorporated in 2008, were involved in the business of running an innovative kids’ library and exchange concept under the name MIND GYM.


The defendants on the other hand argue that they have been using the mark since the year 2006 although they have been incorporated only in the year 2008. The plaintiff denies this and also points that the defendant had also applied for registration of the very mark.
As creative lead for the project, I was responsible for ensuring delivery of everything from the new logo to visual language across all manner of collateral from business cards to office graphics.
The book will include reader questionnaires and exercises to demonstrate how individuals react in certain situations and what their thought processes are. Whirlpool to state that the goodwill could also be due to the trans-border reputation of the company and that it was not necessary that localised reputation was necessary.
His first exposure to IP law was at a workshop that he attended in High School and ever since then, he has pursued a keen interest in the field. Gopalakrishnan, Ministry of Human Resource Development (MHRD) Chair Professor at Cochin University of Science and Technology (CUSAT) and Prof. The next three titles in the series will then focus on specific areas in more detail, in particular: Time Management, Creativity and influencing and Persuading People. The plaintiffs had established on facts that they did (at least prima facie) have this reputation. However, his real interests lie in the interfaces between Technology Law and IP, with an active interest in the Open Source movement. The court also observed that there was a great risk of consumers being confused by the two marks and therefore the claim of passing off was made out. Montari Industries Ltd., to clarify that the law had held on numerous instances that registered trademarks could not be used as a part of a corporate name. 20 (2) (ii) also contains a provision that a company cannot be registered with a name that is identical with or too nearly resembles the name which has been previously registered.



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