Category Archives: Trademark

Trademark

Technology Meets TM – Introducing Quickcompany


It gives me great pleasure to introduce Quickcompany.in to our readers.  Quickcompany is the first company I know that provides data based trademark and company related services in India.  Let me explain more: Quickcompany has managed to recreate almost the entire Indian trademark related data by using various techniques – some of these techniques involved putting multiple teams of people to manually download vast amounts of data.  Other’s involve creation of proprietary algorithms working on server based systems to fetch somewhat…


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Overlaps in IP Trademark

Here, There and Everywhere: Delhi High Court Rules That ‘Presence On Online Portals’ is Sufficient to Grant Jurisdiction


The Delhi High Court, in its judgement in Icon Health And Fitness, Inc vs Sheriff Usman And Anr., delivered on September 12, has held that the presence of the Defendant’s business on online portals such as Amazon or Google Play is sufficient to establish the court’s jurisdiction over the defendant, in a suit for passing off of a trademark. Case Background and Decision The plaintiff, a US-based company, filed a suit against the defendants, companies based in India and the…


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Trademark

Oh, ‘Sweet’ Trademark of Mine!


In an interesting case before the Madras HC, the popular “Sri Krishna Sweets” from Coimbatore became embroiled in a trademarks dispute. As someone unacquainted with this sweets manufacturer/eatery, I was (rather impatiently) schooled – by Google, as well as many of my South Indian friends – on the sheer extent of its popularity and reach. Readers similarly uninitiated may go here and here for a quick fact check. The company’s popularity was one of the things that made this otherwise…


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Trademark

In the Latest Example of a Worrying Trend, UK SC Sanctions Criminal Prosecution for Trademark Infringement of Grey Market Products


In several jurisdictions across the globe, the increasing use of criminal law as a tool to deal with wrongful conduct which lacks the attributes traditionally associated with a crime has emerged as a key area in which comprehensive legal reform is needed. This trend, which jurists have described as the crisis of over-criminalization manifests itself in several ways – from the use of the criminal law as an instrument to punish consumption of harmless drugs to the penalization of same-sex…


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Trademark

Mersal: A Trademark Kollywood Masala Movie


   Kollywood is distracted. With questions swirling around the “big-wigs” of Kollywood’s decision to dip their toes into the cesspool of Tamil Nadu politics, some of the lesser demi-gods have been forgotten. Vijay, or Ilayathalapathy (Young Leader) as he’s called by his ardent and occasionally rabid fans, was one of the forgotten few. That is, till he started advertising his latest movie. (NOTE: A part of this article is going to employ a common cinematic device: A story within a…


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Others Patent Trademark

DIPP Needs to Prepare for the Flood of Recusal Petitions that will Follow Post the Appointment of Justice Manmohan Singh as Chairperson, IPAB


Going by the grapevine, it appears that Justice Manmohan Singh, who retired from the Delhi High Court last year, will soon be appointed as the Chairperson of the Intellectual Property Appellate Board (IPAB). While on the Delhi High Court, Justice Manmohan Singh was considered one of the “IP judges”, resulting in more IP cases being marked to him. It goes without saying that he’s delivered quite a few judgments on patents and trademarks. And as I’ve mentioned before there are…


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Trademark

The Turning Point Cases – Part II


In this two-part post, Eashan Ghosh analyses the recent judgment of the Delhi High Court in Turning Point Institute v. M/s Turning Point. Part I of the post can be viewed here. The Turning Point Cases – Part II Eashan Ghosh The Defendants’ Claim of Honest Concurrent Use  On, then, to the Defendants’ claim that they were entitled to use the ‘TURNING POINT’ trademark on substantive grounds. Their submission to this effect hinged on the honest concurrent use defence. However, framed as such, this was…


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Trademark

The Turning Point Cases – Part I


We are pleased to bring to you a two-part guest post by Eashan Ghosh on the recent Delhi High Court’s judgment in Turning Point Institute v. M/s Turning Point. Eashan graduated as a gold medalist from NLSIU, Bangalore and with distinction honours from the University of Oxford. He has been in practice as an intellectual property advocate and consultant in New Delhi since 2011, and has taught intellectual property law at NLU Delhi and NLSIU, Bangalore. He has published articles in…


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Trademark

SLP against Del HC Order Granting Permission to Market New Biosimilars for Additional Indications Withdrawn


It is reported that Roche has withdrawn the SLP against Delhi HC judgment that granted permission to market new biosimilars for additional indications. As per Livelaw, the Supreme Court bench of Justices R.K.Agrawal and Abhay Manohar Sapre, noted in its Order, on August 11: “A letter has been circulated by learned counsel for the petitioners seeking permission to withdraw these Special Leave Petitions.  Permission granted. The Special Leave Petitions are dismissed as withdrawn.” The Order is available here. Background SpicyIP…


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Trademark

The ‘Kwik’ Fix – Part II


Previously, in Part I, I had introduced the facts of the case and had dealt with some of the key issues thrown up by this order, including: infringement of the word-mark “Fevikwik”, disclaimers on the registrations, and validity of registration of “Kwikheal”. Here, I deal with the remaining issues and attempt an analysis of the order. Distinctive Packaging Pidilite claimed that even if Poma-Ex’s registration was valid, it wouldn’t allow for a defence u/s 28, 29 or 30 of the…


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