Category Archives: Trademark

Trademark

Where’s the Surcharge? : Of TM Renewals & Procedural Deficiencies

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Last month, the Delhi High Court’s Division Bench delivered a rather interesting decision on trademark renewals in the case of Epsilon Publishing House v. UOI & Ors. In September of last year, Epsilon (petitioners/appellants) filed a writ petition before the Delhi High Court challenging the renewal of the respondent’s trademark “LOKPRIYA EASY NOTES” bearing application number 1006905. Back then, the court via Justice Bakhru dismissed the writ petition, holding that the renewal was good in law. The petitioners (/appellants) appealed…


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Trademark

Guest Post: Ferrero Rocher v. Ruchi International: Another Merited but HUL-less Trademark Damages Award by the Delhi High Court

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The damages jurisprudence of the Delhi High Court in IP cases has been a problematic area for several reasons that we have discussed on this blog. In this guest post, Eashan Ghosh takes apart a recent judgment of the Delhi High Court that awarded damages of Rs. 10 lakhs to Ferrero Rocher. Eashan has been in practice as an intellectual property advocate and consultant in New Delhi since 2011, and also teaches a seminar on intellectual property law at National…


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Trademark

Delhi HC’s Ex Parte Order in Coca-Cola Company & Anr vs Glacier Water Industries Ltd.

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Introduction This is a case of ex parte proceeding concerning trademark dilution. We had dealt with identical legal issues earlier. Therefore, this post is more of a revision for lawyers. [For Prof. Dev Ganjee’s thoughts on trademark dilution, click here.] Facts The plaintiff sought a decree of permanent injunction and damages with respect to infringement of the plaintiffs’ registered trademark, passing off and unfair competition. The Plaintiff wanted the Defendants to be refrained inter alia from “manufacturing or authorizing the…


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Trademark

‘Retroactive Bad Faith’ Gets a Quiet Burial – UDRP Moves Towards Fairer Standards for Domain Registrants

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Domain names constitute the signposts for the world wide web, making it possible to navigate the immensity of the internet. Given the transnational nature of the internet and the domain name registration system in particular, it was realized early on in its development that a suitable system must be developed to protect the rights of trademark holders in domain names, to prevent the misuse of brands and secure better consumer protection. Therefore, the ICANN, the apex body responsible for administering…


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Trademark

Bombay High Court Comes Down Heavily on Listed Pharma Company for Engaging in Persistent Trademark Infringement

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In a notable development, the Bombay High Court (“Court”) recently came down heavily on Syncom Formulation (India) Limited, a listed pharma company, for circumventing court orders and engaging in infringing conduct in a persistent fashion. The Court’s observations came in a suit for trademark infringement filed by the plaintiff, Shalina Labratories, as regards its medicinal and pharmaceutical preparations. On the whole, the case appears to be an open-and-shut case of trademark infringement, inasmuch as the Court returned a clear finding…


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Trademark

A Note on Ansari Bilal Ahmadlal Mohd vs Shafeeque Ahmed Mohammad Sayeed (Bom HC)

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This judgment helps to us to have a quick revision of settled legal principles vis-a-vis interim relief in trademark infringement suits. Firstly, in case of interim reliefs, the extent of interference by Appellate forums in the discretion exercised by trial courts is limited. Secondly, in judging confusion, the test to be applied is that of a person of average intelligence and imperfect recollection. Background The Division Bench of the Bombay High Court decided on an appeal filed against the order…


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Trademark

Delhi HC Vacates Ex-Parte Interim Injunction After Seven Years

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Last month, the Delhi High Court through Justice Sanjeev Sachdeva vacated an ad-interim injunction granted in favour of ‘Three-N-Products’ (hereinafter, plaintiff) against two defendants back in March, 2011. The case involved the alleged infringement of the plaintiff’s trademark “AYUR” registered in Class 24 & 25 for goods such as bedcovers, textiles, shoes, boots, etc. The plaintiffs took issue with the mark “AYURVASTRA” used by the defendants in respect of goods such as sarees, dress materials, beds, etc. The facts are…


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Copyright Others Trademark

A Case for Adjusting the Delhi High Court’s Recent Approach to IP Jurisdiction Claims in Online Transaction Cases

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We are pleased to bring to you a guest post by Eashan Ghosh. Eashan has been in practice as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. He has previously written about the area of law covered in this post for the European Intellectual Property Review in 2015. Eashan writes about Indian intellectual property law, including a monthly review of Delhi High Court judgments, on…


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Trademark

Choco Wars: The Attack of the Mars (Part I) #Slogan Mark #”Have a Break”

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Episode 3 THE ATTACK OF THE MARS In a jurisdiction far, far away, Nestle and Mars, the confectionary behemoths, battle it out on the floors of the European Court of Justice. The Mark “Have a break…Have a Kit Kat” was already registered as a TM by Nestle, but now, Nestle is trying to register “Have a break” in isolation. Will Mars be able to stop Nestle…   The following discussion, despite being based upon a 2005 ECJ Judgment (C-353/03), is extremely relevant to TM…


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Trademark

Interpreting Invalidity under Section 124 of the Trade Marks Act

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We are pleased to bring to you a guest by Arun Mohan on the recent decision of Supreme Court in Patel Field Marshall v. P.M. Diesel, which we had covered here. Arun is a graduate of the London School of Economics and has experience in working on intellectual property and commercial matters, in India and internationally. He has worked on various prominent IP disputes including appearing for Rajinikanth in the recent landmark decision on celebrity rights, in the TVS v. Bajaj patent dispute and…


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