Category Archives: Trademark

Trademark

Amazon v. Amway: A Growing Appellate Scrutiny Problem

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We’re pleased to bring to you a guest post by Eashan Ghosh on the recent Delhi High Court Division Bench’s decision that set aside the Single Judge’s order restraining various e-commerce platforms (including Amazon, Flipkart and Snapdeal) from enabling sale of products of ‘direct selling’ companies without their consent. Eashan has practicing 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. Eashan writes about…


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Others Trademark

Delhi HC Division Bench Sets Aside Order Restraining E-Commerce Platforms from Selling Goods of Direct Selling Companies

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Last week, a Division Bench (DB) of the Delhi High Court set aside a common judgment passed by a Single Judge thereof in July last year in Amway India Enterprises Pvt. Ltd. v. 1Mg Technologies Pvt. Ltd. & Anr. The common judgment addressed the interlocutory applications filed in seven suits by Direct Selling Entities (the DSEs), Amway, Modicare and Oriflame against e-commerce platforms including Amazon, Snapdeal and Flipkart (the defendants). The DSEs engage direct sellers of their products to sell, distribute…


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Geographical Indication Trademark

An Indian Perspective on Singapore HC’s Decision in ‘Isetan Tartan’ Trade Mark Dispute

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This post analyses the recent decision of the Singapore High Court in Scotch Whisky Association v. Isetan Mitsukoshi Ltd., that involved the trade mark ‘Isetan Tartan’ owned by the Japanese department store chain, Isetan. A tartan is a cross-checked repeating pattern of different coloured bands, stripes, or lines of definite width and sequence, woven into woolen cloth. While tartan patterns have existed for centuries in many cultures, there is recorded evidence that are regarded as “peculiarly Scottish”. Many Scotch Whisky…


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Trademark

Sale of the ‘.org’ Domain Registry Sparks Concerns About Privatisation of the Internet Commons

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The administration of the World Wide Web’s ‘.org’ domain registry has been handed over from a non-profit organisation to a private equity organisation, sparking concerns and backlash about the privatization of internet commons and possibly increased censorship owing to the change in the non-profit status of the domain name registrar. Domain name registrars are responsible for the allocation of domain names (the naming system of the world wide web) and also set the policies for acceptable uses of Top Level…


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Trademark

Charminar Case by the Indian Supreme Court in 1996 and the AG’s Opinion in Sky v. Sky Kick

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On October 16, 2019 the Advocate General (AG) of the European Court of Justice rendered an opinion in Sky Plc & Ors v. Sky Kick UK Ltd. & Anr. (“the Sky case”) in a reference by Justice Arnold of the England and Wales High Court (Chancery Division). The AG’s opinion caught my attention because the opinion as well as the facts of the case resonated the 1996 order of the Indian Supreme Court in Vishnu Das Trading v. Vazir Sultan Tobacco Ltd.,…


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Trademark

Place the (Trade Marks) Act Before the Rules: Del HC Directs Registry to Record Grounds of Refusal of Applications

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In a much-lauded decision, Justice J. R. Midha of the Delhi High Court has made it easier and quicker for applicants to appeal a decision of the Registrar of Trade Marks arising from a refusal or partial acceptance of a trademark. This decision arises from a writ petition (Intellectual Property Attorneys Association v. Controller General of Patents, Designs, Trade Marks & Anr) that challenged the non-speaking orders passed by the Registrar of Trade Marks while refusing trademark applications. The petitioner,…


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Trademark

SpicyIP Fellowship 2019-20: FUCT the USPTO? – Revisiting the Free Speech, Morality and Trademark Law Debate (Part I)

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We’re pleased to bring to you a guest post by our fellowship applicant, Akanshha Agrawal. Akanshha is a 3rd year student at National Law University, Delhi. This is her first submission for the Fellowship. In the first part of this two-part post, Akanshha discusses the recent US Supreme Court judgment in Iancu v. Brunetti, which held the Lanham Act’s ‘immoral or scandalous’ bar on the registration of trademarks to be unconstitutional. In Part II of the post, she analyses the…


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Trademark

The Trade Marks Registry Proposing to Restrict Access to Documents

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The Trade Marks Registry (TMR) issued a public notice requesting suggestions from stakeholders regarding the display and availability of documents on its official website (comments are to be submitted by September 30, 2019). It appears that the TMR has received representations from stakeholders raising concerns regarding the display of confidential information, proprietary information and personal information on its website. The TMR is now proposing to classify documents into two categories on its website: One category that will consist of documents…


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Trademark

Websites, the Virtual Juggernauts, Continue to Question Jurisdiction and Enforcement in Online Trademark Disputes

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The borderless nature of the internet has, time and again, challenged conventional notions of jurisdiction and enforcement. While countries have a legitimate interest in protecting / preserving their laws, with the internet, there is always a fear of the law becoming a general law of the internet. Maintaining this balance is key when deciding questions that pertain to issues involving parties belonging to different jurisdictions. The Delhi High Court was tasked with resolving a trademark infringement and passing off dispute…


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Patent Trademark

Technology Has the Potential to Make Trademark Processes Easy Peasy

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Singapore’s New Trademark App The Intellectual Property Office of Singapore has recently launched an app called ‘IPOS GO’ available on the Apple App Store and the Google Play Store. The app provides various on-the-go trademark services, which include even direct filing of trademark applications (making this the world’s first mobile app for enabling the filing of trademark applications).  The various functions that the app can perform are: “Use IPOS Go to: Apply for and renew trademark registrations in Singapore* Search…


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