Category Archives: Trademark

Trademark

Trademark Protection amidst the Jolly LLB 2/Bata Controversy


  The State v. Jolly LLB 2 (“Jolly LLB 2”) isn’t having an entrance as cheerful as one would expect from its title, as it seems to have found itself in the middle of several legal issues. While their run in with the censor board was recently resolved, I will be focusing on the question of trademark disparagement, infringement and dilution with regards to their spat with Bata. Background Although the Central Board of Film Certification (“CBFC”) had cleared Jolly…


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Trademark

Delhi High Court on Trans-Border Reputation in Trademark Law


The Delhi High Court, in its judgment in Prius Auto Industries Ltd & Ors. v. Toyota Jidosha Kabushiki, inter alia considered the aspect of trans-border reputation in fairly well-detailed terms.  Both the parties were represented by leading IP practitioners. The judgment is significant for practitioners in understanding the strategy adopted, the kind of evidence submitted before the Court and finally, Court’s approach towards the same. [Note: This post shall deal only with the aspect of trans-border reputation.] Facts Toyota used…


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Trademark

Why Arnab Goswami’s Trademark Application for ‘Republic’ Appears to be on a Secure Legal Footing


As our readers may be aware, Subramanian Swamy recently wrote a letter to the Union Ministry of Information and Broadcasting, arguing that Arnab Goswami’s use of the word ‘Republic’ as the title of his new show is proscribed by the Emblems and Names (Prohibition of Improper Use) Act of 1950 (“The Act”). Republic made its social media debut with the launch of a Twitter handle and Facebook page on the 7th of January and is also in the process of…


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Trademark

Injunction in AZ Tech (India) v Intex Technologies (India) Ltd. Stayed


Three days ago, I wrote a post about the order of temporary injunction in the case of AZ Tech (India) & Anr. v Intex Technologies (India) Ltd. & Anr., where the handset giant, Intex Technologies was injuncted from using the “Aqua” trademark. This injunction was granted primarily on the grounds that AZ Tech (India) was the prior user of the mark and the use of the same trademark by Intex Technologies would cause the likelihood of confusion amongst customers. This…


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Trademark

The Underdog Takes It All: AZ Tech (India) v. Intex Technologies (India) Ltd.


Recently, the Delhi High Court temporarily injuncted the handset giant Intex Technologies from using the trademark “Aqua” based on passing off charges made by AZ Tech (India). The judgement is available here. This well-reasoned and lucid judgement is one of the few in India which deal with arbitrary marks. This is an interesting case where a much smaller company has been able to prima facie prove passing off against a leading corporation in the field. Facts The plaintiffs sought an…


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Trademark

Holding that a Permitted User Cannot Institute a Suit for Trademark Infringement, Delhi High Court Dismisses Suit for Lack of Jurisdiction


As Ritvik recently noted on this Blog, the Delhi High Court has recently begun to shed its reputation of being a pro-plaintiff forum by dismissing suits over which the Court does not have jurisdiction in accordance with the well settled law on this subject. In keeping with this trend, a recent Division Bench judgment of the Court [P.K. Sen versus Exxon Mobile] is another excellent example of the Court testing the plaintiff’s assertions as to the Court’s jurisdiction against the…


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Copyright Trademark

Spoilt for Choice? Not anymore: The Delhi High Court returns plaint since no part of cause of action arose in Delhi


In a recent decision, a Single Judge of the Delhi High Court refused to entertain Allied Blenders’ action for infringement of its TM OFFICER’S CHOICE since the plaint disclosed that the Defendant’s infringing use was restricted only to Andhra Pradesh. Furthermore, the Court also observed that it will not assume jurisdiction merely because the plaintiff has stated at the fag-end of the plaint an apprehension that the Defendant is likely to engage in the infringing activity in Delhi as well….


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Trademark

The Flintobox Story: Of Amazon’s ‘Automated Keywords’ and Google’s Adword Policy


Flintobox, a Chennai-based startup that focuses on child development, is a name that has been buzzing around the news recently. On the 19th of December, 2016, Arunprasad Durairaj, one of the founders of Flintobox, uploaded a blog post that turned into a social media campaign within a couple of days. He shared their conflict with Amazon and Google with regard to Amazon’s use of adwords that mirrored Flintobox’s registered trademark. Such use resulted in directing away traffic that was presumably…


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Trademark

A New Year Gift “NCL(11-2017)” to Trademark (Brand) Owners from WIPO!


We are happy to bring to you a guest post by Noopur Goel. With over ten years of experience in IP, Noopur is a qualified Microbiologist and an ardent IP attorney by profession. Prior to gaining experience in IP, she was involved into research activities due to affection for her friendly microorganisms. She is currently associated with a reputed NCR based boutique law firm. She is regularly invited as a guest speaker by several government organizations as well as private institutions….


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Others Trademark

Delhi HC Passes Landmark First Order on Summary Judgement Proceedings Under Order 13A of the CPC


In a succinct and very well written order, Justices Badar Durrez Ahmed and Ashutosh Kumar of the Delhi High Court delivered the first ever decision to interpret Summary Judgement Proceedings under Order 13A of the Civil Procedure Code (‘CPC’). Passed on the 4th of January, 2016 – this case: Bright Enterprises Private Ltd. & Anr. v. MJ Bizcraft LLP & Anr. (read the order here) was originally instituted to claim a permanent injunction restraining inter alia trademark infringement and dilution…


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