Others

SpicyIP Weekly Review (March 25-31)


Prarthana wrote a post on the recent ‘green order’ passed by Justice Najmi Waziri of the Delhi High Court. While the case concerned the dilution of a trademark used for the sale of a particular diabetes drug, the noteworthy aspect of the judgment is the order that required the respondent to plant 1,40,000 trees in Delhi. Prarthana analyses the law relating to costs, and questions the validity of such an order being passed, given that the trees were not a subject matter of the case.

Divij broke the news of the recent voting on the EU Copyright Directive for the Digital Single Market. He discusses the controversy surrounding certain issues, such as those concerning the intermediary safe harbour provision and informs us that of the formal vote that is to take place at the EU Council that will take place soon.

Other Developments

Judgments

Indiamart Intermesh Limited v. Ankit and Others– Calcutta High Court [March 18, 2019]

The Court extended its previously granted injunction, directing the Ministry of Electronics and Information Technology from taking down domain names which were deceptively similar to the Plaintiff’s mark “INDIAMART”. In arriving at this decision, the Court noted that no useful purpose would be served by keeping the application pending.

MakeMy Trip (India) Private Limited v. Pravasi Guide Private Limited and Others – Delhi High Court [March 19, 2019]

The Court granted an ex parte permanent injunction restraining the Defendant from infringing and passing off the Plaintiff’s registered mark “MAKEMYTRIP” and domain name “www.makemytrip.com” by using a deceptively similar mark “MAKEMYPRAVAAS” in respect of online travel industry. In arriving at this decision, the Court observed that the Defendant had no real prospect to defend the claim as the mark was registered in favour of the Plaintiff and was clearly infringing its reputation and goodwill.

Devans Modern Breweries Limited v. Mount Everest Breweries Limited and Another – Calcutta High Court [March 20, 2019]

The Court granted an interim injunction restraining the Defendant from infringing and passing off the Plaintiff’s registered design for its beer bottles. In arriving at the decision, the Court noted that a bare look at the bottles indicated that the Defendant was using the Plaintiff’s bottles along with its label to sell its beer. It was further suggested by the Court that such a business model was adopted by the Defendant with a dishonest motive of advantaging from the Plaintiff’s name, which was absolutely impermissible.

Radix Arc Private Limited v. Classic Electrodes (India) Limited – Calcutta High Court [March 20, 2019]

The Court granted an interim injunction restraining the Respondent from infringing and passing off the Petitioner’s registered marks “SAI ARC”, “SILVER BOND”, “FERRO FIT”, “FERRO CLASS” and “FERRO FIT” by using deceptively similar marks, in respect of welding electrodes. In arriving at the decision, the Court observed that the Respondent had adopted a colourable imitation of the Petitioner’s packaging with a view to benefit from its reputation. With respect to the question of validity of the Petitioner’s registrations, the Court noted that it could only be ascertained by the Intellectual Property Appellate Board and a civil court had no jurisdiction to decide the same. However, the Court stated that the applications of the Respondent had a user date later than that claimed by the Petitioner.

News

International

 

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