Category Archives: Trademark

Trademark

Delhi HC Issues Directions for Time Bound Issuance of Certified Copies of TM Records

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Last month, the Delhi High Court through Justice Endlaw issued directions to the Registrar of trademarks, facilitating time bound issuance of certified copies of trademark office records. These directions were issued via an order passed in pursuance of a revision petition filed by the Registrar of trademarks (C.R.P. No. 146/2015). The revision petition was filed against an order of the Additional District Judge, issuing proclamation against the Registrar, under Order XVI Rule 10 of the CPC for non-production of records…


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Trademark

Not in God’s Name: Bombay HC Refuses Monopoly Over Names of Hindu Gods

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I have often worried about the tendency of our Gods these days, to slip out of our churches, mosques and temples and dance (the proverbial tandav?) about our secular spaces. It could be that my thinking is influenced by the ‘sickular’, ‘libtard’ narrative. But, no Indian will deny that the usurpation of the secular space by our Gods, influences reactions of a very limited range – anger, fear, sadness, and sometimes just a massive facepalm. Perhaps the only upside is…


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Trademark

Trade Marks and Charitable Organisations

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I had earlier written on the trademarks obtained by Missionaries of Charity. In the absence of reliable data, I had made several conjectures and therefore, the whole picture was not set out. At this juncture, we are lucky to carry an article written by Ms. Latha R. Nair, one of the top IP lawyers of the country, on Trade Marks and Charitable Organisations. She is a partner with the IP boutique, K&S Partners and has blogged many a times for…


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Trademark

Now Available on eBay: Trademark Bullying!

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Stop me if this tale sounds familiar. A sturdy bully, replete with well-chiseled muscles and a nasty left hook believes he owns every inch of the playground. Every single iota of space. Let’s call the bully, ‘aBhay’, for the sake of this clearly fictional tale. Right from the swing-sets to the see-saws, the merry-go-rounds to the Ferris wheels, aBhay assumes dominion over it all. Note how I said ‘assumes’? The reason being that originally, the bully wasn’t granted the entire…


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Copyright Trademark

The Red Cross With A Twist: IMA Seeks IP Protection For New Logo

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The last time the Red Cross’s red cross emblem (read: red coloured Greek cross on a white background; feeble attempt at a word-pun) became wrapped up in trademark law, it made big news in the US. The company, Johnson & Johnson had sued the American Red Cross over trademark infringement of the famous emblem, and lost. Now, it appears that the emblem is making news within IP circles in India. According to reports, the Indian Medical Association (IMA) has come…


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Others Overlaps in IP Trademark

Update: Google Seeks US Court’s Intervention on Canadian SC’s Global Injunction

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In July, I had written about the decision of the Canadian Supreme Court in Google v Equustek, to issue an interlocutory injunction against Google Inc. in Canada, and directing Google to enforce the decision in every jurisdiction in which it operates. I had argued that the decision would throw issues of Internet jurisdiction, which are largely based on judicial comity, into a tailspin. Further, I had argued that the decision creates a dangerous precedent of allowing courts or laws in one jurisdiction to…


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Trademark

Delhi HC, Considering inter alia Unique Stylized Font, Decreed against ‘YahooKochi’ in TM Infringement Suit

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The Delhi High Court, in a recent TM infringement ex-parte suit (Class 39) concerning ‘YahooKochi’, held in favour of Yahoo Inc. (Plaintiff) and directed the defendants to pay compensation of nearly five lakhs rupees. The Court had earlier granted ex-parte ad-interim injunction in favour of Yahoo Inc. The judgment is available here. According to the petitioner, “defendants are infringing the plaintiff’s trade mark. In support of his contention, he referred to a print out from defendants’ website- www.yahookochi.com (Ex.PW1/22). He…


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Trademark

When Journalists Lose their Mojo: Barkha Dutt and NDTV Lock Horns Over the Use of ‘MoJo’

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In what can only be described as ‘much ado about nothing’, a series of tweets were exchanged between Barkha Dutt and Nidhi Razdan over NDTV’s purported move towards mobile journalism and the use of the word ‘MoJo’ (abbreviation for ‘Mobile Journalism’) to refer to their ‘new’ form of journalism, which is similar to Barkha Dutt’s online platform ‘TheMojo’. Barkha Dutt’s tweets were triggered by a news report, which talked about the downsizing of staff within NDTV due to financial constraints…


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Trademark

“PARAMOUNT” TM #Delhi HC #Clean Hands Doctrine #Equitable Reliefs

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I write to discuss the Delhi HC J. Indermeet Kaur’s judgment involving the mark “PARAMOUNT”. The mark under discussion is relevant strictly in the context of businesses indulging in sale of hospital beds and to the best of my knowledge, is not related to the Paramount film studio. The ruling is unique because the court did not pass an interlocutory injunction in favour of the plaintiff, despite said plaintiff having a valid registration in the relevant class. Though the question…


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Copyright Patent Trademark

Justice Bhat overruled Time Incorporated v. Lokesh Srivastava in 2014 (& we discovered it only in 2017)

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At a conference held earlier this month in Bangalore (organised by Professors Yogesh Pai, Arul Scaria & T. Ramakrishna of NLU-D & NLSIU), I was surprised and delighted to learn that the infamous judgment in the case of Time Incorporated v. Lokesh Srivastava (2005) allowing for the grant of punitive damages in IP cases was overruled in 2014 by a Division Bench of the Delhi High Court led by Justice Ravindra Bhat. As judgments go, the Times Incorporated judgment was…


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