Category Archives: Trademark

Copyright Others Patent Trademark

Madras Bar Association challenges the constitutionality of the Finance Act, 2017 and the new tribunal rules

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As recently reported by Bar & Bench, the Madras Bar Association has filed a petition before the Madras High Court challenging the constitutionality of Sections 156 to 189 of the Finance Act, 2017 as also the Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, 2017 that I had written about over here. A bench of the Madras High Court headed by Chief Justice Indira Banerjee has issued notice to the government asking it to…


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Trademark

A Nuanced Trademark Distinction: 29(1) vs 29(2)? – Part II by Eashan Ghosh

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(Continued….) Part I is available here. Distinguishing Conditions / Effects The third observation from the outcome table is that the key difference between Sections 29(1) and (2), as the defence in Ajanta hinted at, lies in the further condition / effect required to be met. To be clear, the three conditions / effects in issue are: “use in a manner as to render the mark likely to be taken as being used as a trademark” under Section 29(1); “use in…


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Trademark

A Nuanced Trademark Distinction: 29(1) vs 29(2)? – Part I by Eashan Ghosh

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  Eashan Ghosh 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 international journals including the European Intellectual Property Review, World Trademark Review, the Journal of Intellectual Property Law & Practice and the Queen Mary Journal of Intellectual…


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Copyright Others Patent Trademark

Government of India launches ‘Occupy the tribunals’ movement with new rules on appointments and removals of judges of the IPAB & 18 other tribunals

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On June 1, 2017 the Department of Revenue, Ministry of Finance notified in the Gazette of India, the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2017. These rules were notified under Section 184 of the Finance Act, 2017. It is usually the practice of the Central Government to publish a draft of statutory rules in the Gazette and invite comments from the public before notifying such rules into the law. However…


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Trademark

Two “Weddings” and a Passing Off Claim

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A week ago, Justice Gautam Patel authored a guest post for us. This was quite legendary and one of many firsts:  first sitting judge to write for us, first sitting judge to engage in a thought provoking dialogue on this platform, etc. However, it wasn’t the first time Justice Patel has given us food for thought, or even awed us with his judicial practice. (Our archives are studded with J. Patel’s brilliance, accessible here.) This, also, was nowhere near the…


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Others Trademark

Why So Gambhir?

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In what could be an interesting publicity rights case, ace cricketer Gautam Gambhir has taken a Delhi based restaurateur to Court for unauthorized use of his name in the tagline of his pubs. The twist is…the hotelier is named Gautam Gambhir too! Facts Gautam Gambhir discovered that two pubs in Delhi, ‘Hawalat’ and ‘Ghungroo’, were using the tag line ‘by Gautam Gambhir’, which was causing confusion among his fans.  A teetotaler himself, he was distressed at this ‘false association’ caused…


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Designs Overlaps in IP Trademark

Passing Off and Design Infringement: The Conflict

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A few days ago, I had discussed a Bombay HC Order involving Cello and Modware. Justice Patel had provided relief to Cello on account of Cello successfully establishing, prima facie, both passing off and design infringement. Prashant, after reading the piece, put forth the following query: “If the design of the bottle is acting as an indicator of source, doesn’t it follow that it can be registered as a trademark which means it is incapable of being registered as design because it falls…


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Trademark

Calcutta HC Allows Spartan Online to Use ‘thespartanpoker’ in Domain Name Spat

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The Calcutta High Court, on the 12th of May, allowed Spartan Online to use the domain name ‘www.thespartanpoker.com’ in Rajat Agarwal v. Spartan Online (read the order here). Glaws had previously covered this dispute in March – read here. This is an interesting order, both for the observations on the law governing domain names, and for the parties involved. Read our previous posts on domain names here. Factual Background The Plaintiffs and the Respondents had entered into a joint venture…


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Designs Trademark

Cello v. Modware #Design Infringement #Passing Off

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I write to bring you an analysis of a Bombay HC Justice Patel Order that discusses passing off and design infringement in a mind-bogglingly interesting context… two water bottles. While being incredibly clear at times, the Order was equally ambiguous at places. I shall point these “ambiguities” out over the course of this piece and would be incredibly grateful if readers could shed some light. All assertions of law I make in this piece have been sourced from Venkateswaran on…


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Trademark

Ajanta Pharma v. Theon Pharmaceuticals #TM Infringement

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I write to discuss a recent Bombay HC Justice G.S. Patel Order on trade mark infringement. Though the core reasoning involved is rather straightforward, a few of the questions and arguments raised deserve our attention. Though these aspects might not have been relevant to the final result in the current fact scenario, they are very much relevant in the larger scheme of jurisprudence. Prior to delving into the trickier aspects of the order, let us set aside the less convoluted portion (though…


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