Category Archives: Trademark

Trademark

In a Passing Off Suit, Delhi HC Refuses to Grant Interim Relief by Adopting Dubious Logic


In an interesting judgment delivered earlier this month, the Delhi High Court adopted a highly tenuous (and bizarre) line of reasoning in arriving at the conclusion that the plaintiff was not entitled to passing off relief at the interim stage. But first, the facts. Plaintiff No. 1, one Rohit Singh, a software developer who works for plaintiff no. 2, Vyooh Low Level Computing LLP, claimed that he developed a proprietary software product called Split View. The distinctive attribute of this…


Read More »
Geographical Indication Trademark

Australia’s Big Win at the WTO: Plain Packaging of Tobacco Likely to Pick Up!


In 2012, Australia was the first country to adopt plain packaging measures for tobacco products. Several countries such as France, Ireland, UK etc. followed suit and other countries such as India have initiated legislative processes for introduction of such measures. Plain packaging laws and measures generally impose requirements of removal of logos, minimal branding and colouring, and warning signs. These laws have attracted a lot of debate in recent times since opponents of these laws (mainly tobacco producers) claim that…


Read More »
Trademark

Expenses Incurred by the Assessee for Acquiring Trade Mark is Revenue Expenditure, Says Del HC


(This post is authored by and published on behalf of Mathews P. George) In M/s Hilton Roulunds Ltd v. Commissioner of Income Tax (2018), the Delhi High Court held that the expenditure incurred by the assessee for acquiring trademark was revenue expenditure and not capital expenditure. Accordingly, the expenditure is deductible under Section 37(1) of the Income Tax Act, 1961. As per the first licensing agreement, the appellant had to pay running royalty at the rate of 1.8% of the…


Read More »
Trademark

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


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…


Read More »
Trademark

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


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…


Read More »
Trademark

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


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…


Read More »
Trademark

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


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…


Read More »
Trademark

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


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…


Read More »
Trademark

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


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…


Read More »
Trademark

Delhi HC Vacates Ex-Parte Interim Injunction After Seven Years


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…


Read More »