Trademark

Trademark Infringement: No confusion just Dilution


T.V Venugopal v. Ushodaya Enterprises (Click here for the judgment on indiankanoon) The Appellant is the sole proprietor of Ashika Incense, incorporated in Bagalore that manufactures incense sticks. The appellant has adopted the mark ‘Ashika’s Eenadu’ for its incense sticks. The Respondent Company is Ushodaya enterprises who publish a newspaper in Telugu, ‘Eenadu’. The respondents alleged that the use of the word “Eenadu” by the Appellant amounted to infringement of their copyright and passing-off in the trade mark. The post…


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Trademark

Punitive damages in IP cases are here to stay: Proctor and Gamble v. Joy Creators


The case stands out owing to the importance given by the plaintiffs to levying punitive damages on the defendants. This is a marked departure from the importance given to injunctions especially temporary injunctions in recent times in intellectual property litigation. Intellectual property litigation in India is mostly confined to proceedings for temporary litigation. Once a temporary injunction is obtained, plaintiffs often abandon the litigation. We had previously posted on a talk by Justice Arjan Sikri on the same. We had…


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SpicyIP Tidbit: Liquid Sunshine from Scotland gets GI in India


Scotch Whiskey of Scotland has been accorded geographical indication status by the Geographical Indication registry. This is the fourth product from across the border to be accorded GI status in India. The Scotch Whiskey was accompanied by local products; Byaadgi chilli from Karnataka, Khandua saree and fabrics from Orissa, Phulkari from Punjab, Haryana and Rajasthan, Payyannur Pavithra Ring from Kerala among others. The other GIs from abroad that have been registered in India are Pervian Pisco from Peru, Champagne from…


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Copyright

Delhi Metro Rail Corp. v. Sudhir Vohra: State’s Copyright not exempt under RTI Act


In the present petition, the Delhi High Court day before yesterday (December 24th 2010) rejected the contentions of the Delhi Metro Rail Corporation (DMRC). DMRC had refused to disclose the design of the Metro Pillar sought by an RTI applicant. Facts: The Respondent, Mr. Sudhir Vohra is an architect who sought the designs of the Metro Pillar No. 67, which collapsed on 12th July, 2009 killing seven. The Central Public Information Commissioner and the Appellate Authority rejected Mr.Vohra’s contentions. The…


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Coming Soon: International Classification of Traditional Medicine by WHO


The World Health Organisation in its recent press release has said that it will “develop, for the first time, a classification of traditional medicine, paving the way for the objective evaluation of its benefits”; the International Classification of Traditional Medicine project. The purpose of the project is to create an “evidence base for traditional medicine – producing terminologies and classification for diagnoses and interventions”. The project will have an interactive web-based platform allowing users of traditional medicine from all over…


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Copyright

Super Casette Industries vs Board of Film Certification: Certifications Galore


The court has clubbed thirty six writ petitions together and the petitioners are mostly producers, manufacturers, sellers, and also replicators for music companies holding copyrights in audio-visual materials recorded on VCDs and DVDs (discs). The Respondents are the Central Board of Film Certification (CBFC), Union of India through the Ministry of Information and Broadcasting and the Commissioner of Police, New Delhi. The petitions were filed, after the police conducted raids on shops and seized discs for violation of Section 52A(2)(a)…


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Trademark

SpicyIP Tidbit: Estee Lauder loses trademark case against Gufic Biosciences in the Supreme Court


The Supreme Court on Friday rejected Estee Lauder’s appeal and upheld the judgment of the Delhi High Court allowing to Gufic to continue using the word ‘cliniq’ in its product. The Bench was headed by Justice B Suderhsan Reddy. Global cosmetics manufacturer Estee Lauder had filed a filed a trademark infringement case against Gujarat based Gufic Biosciences in the Delhi High Court. Estee Lauder alleged that the use of the word ‘Cliniq’ in Gufic’s product ‘Skincliniq Stretch Nil’ was identical…


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Trademark

SpicyIP Tidbit: 10 Million Euro claim by Lambretta against Scooters India


Lambretta Consortium (Italian two wheeler manufacturer) has stated that it will claim over 10 million Euros from Scooters India in relation to the unlawful licensing of Lambretta trademark in the EU. Scooters India Limited is an Indian automobile manufacturer in which the government has a 95% stake. Lambretta has said that the European Union Office of Harmonisation (Trademarks and Designs Department) has ruled that Lambretta holds the rights to use the Lambretta trademark in the automotive sector in the EU….


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Uncategorized

National Conference on Technology Transfer & IP Issues


Date: October 22-23, 2010 Organised by MHRD IPR Chair, National Law University, Jodhpur (Rajasthan), India. Venue: National Law University, Jodhpur, NH-65 Nagaur Road, Mandore, Jodhpur, 342304(Rajasthan) E-mail: [email protected] The objective of the conference is to discuss various Intellectual Property policy issues for the mechanism of transfer of technology and their role in the social and economic development of a country, by bringing together researchers, legal professionals and other stakeholders on one platform. It also aims to discuss various IP issues…


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Uncategorized

Legislative Analysis Competition organised by PRS


Analysis 2010 is being organised by PRS Legislative Research is a Delhi-based research initiative hosted at the Centre for Policy Research, New Delhi. Our work focuses on providing research support to MPs on all key Bills pending in Parliament. PRS works with the objective of making the legislative process more transparent, informed and participatory. We have interacted with over 250 MPs across 22 political parties. To facilitate greater awareness generation and engagement of the youth, PRS conceptualised a legislative analysis…


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