Category Archives: Trademark

Trademark

Sale of existing stock in trademark disputes: Interim confusion?


In a recent pharma trademark infringement and passing off dispute, the Delhi High Court permitted the defendant to sell its existing stock (pending further orders) without vacating the interim injunction against the defendant. The Delhi High Court characterised this arrangement as an ‘interim arrangement’ required to serve public interest. Facts Respondent / plaintiff (M/S Laborate Pharma) had filed a suit against the appellant / defendant (Alkem Labs) alleging trademark and copyright infringement and passing off with respect to its registered…


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Others Trademark

Of cosmetics, insolvency and trademarks


As reported, Revlon, the iconic cosmetics brand, has filed for bankruptcy. The New-York based cosmetics company reportedly struggled due to competition from other established brands as well as a host of small companies that use social media.  Smaller / niche cosmetic brands have noticeably increased even in the Indian social media space. From offering vegan nail polishes, to natural lipsticks and lip balms, to entering into foreign collaborations, a lot is going on in the Indian cosmetics space. It may…


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Trademark

Trademarks and the Metaverse: Imaginary Rights or Real Wrongs?


We’re pleased to bring to you this guest post by our former blogger Aparajita Lath. Aparajita is a lawyer based in Bangalore. She works in a law firm that advises technology companies. The views expressed in this post are personal. Her previous posts on the blog can be viewed here, here,  here, here and here. Trademarks and the Metaverse: Imaginary Rights or Real Wrongs? Aparajita Lath World over companies are rushing to protect their trademarks in the online, virtual environment – the metaverse….


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Trademark

Inviting Into Our Consciousness: Prosecution History in Trade Mark Infringement


We’re pleased to bring to you a guest post by Eashan Ghosh on the treatment of prosecution history in trade mark infringement proceedings. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about Indian intellectual property law on his Medium page. He has written several guest posts for us in the past as well, which can be viewed here, here, here, here, here, here, here, here and here….


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Trademark

MakeMyTrip vs Booking.com – Looking at the Delhi High Court Injunction on Usage of Adwords


We’re pleased to bring you a timely guest post by Sangita Sharma on a recent order by the Delhi High Court, on the usage of a competitor’s registered trademarks as keywords or adwords. Sangita is a 3rd year student at Gujarat National Law University and has previously written for us here and here. MakeMyTrip vs Booking.com – Looking at the Delhi High Court Injunction on Usage of Adwords Sangita Sharma In an order dated 27th April 2022, Justice Prathiba M….


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Trademark

RPG Enterprises v. Riju Ghoshal: Bombay High Court Looks at Sections 29(4) and 29(5) of Trade Marks Act


We’re pleased to bring you a guest post by Ujjawal Bhargava on a recent order from the Bombay High Court in the matter of RPG Enterprises v. Riju Ghoshal and Anr, dealing with well known marks, and infringement under the Trade Marks Act, 1999. Ujjawal is a fifth-year student of the Institute of Law, Nirma University, Ahmedabad and has a keen interest in the subject of Intellectual Property, specifically copyright and trademark laws. RPG Enterprises v. Riju Ghoshal: Bombay High…


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Others Trademark

Roof Afza v. Dil Afza: Finding Meaning in Trademark Protection


In January, the Delhi High Court in the case of Hamdard National Foundation (India) v. Sadar Laboratories Pvt. Limited refused to grant an interim injunction in favour of the plaintiff in a case of trademark infringement concerning the plaintiff’s mark ‘Rooh Afza’ and the defendant’s mark ‘Dil Afza’. While the case has been settled, it provides an interesting example of how the boundaries of trademark protection are often tested by claimants seeking the enforcement of their rights. Background The case…


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Trademark

Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others


Logo of Renaissance Hotels on the left, and Sri Renaissance on the right

We’re pleased to bring you a guest post by Sangita Sharma, looking at the Supreme Court’s order in the trademark infringement case Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others. Sangita is a 3rd Year student at Gujarat National Law University and has written for us earlier here. Clarifying or Confusing the Quandary of Identical Marks: Renaissance Hotel Holdings Inc. v. Vijaya Sai and Others Sangita Sharma Are Sangita and Zai Sangita identical or similar? How does one differentiate…


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Trademark

Trademarking Signature Poses/Looks – A Progressive Protection of Individuality


We are pleased to bring you a guest post by Kedar Ganesh Dhargalkar, analysing the possibility of trademark protection for bodily features. Kedar is a fourth year BLS LLB student at the Adv. Balasaheb Apte College of Law in Mumbai. His previous guest posts on the blog can be viewed here and here. Trademarking Signature Poses/Looks – A Progressive Protection of Individuality Today, thanks to the body positivity movement, one’s body is increasingly being seen as a reflection and assertion…


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Trademark

DRS Logistics v. Google: Revival of the Third-party Trademark as a Keyword Dispute


We are pleased to bring you a guest post from Payal Saraogi, on a recent decision of the Delhi High Court on Google’s use of trademarks as advertisement keywords. Payal graduated from the School of Law, Christ University in 2020, and currently practices as a disputes lawyer. She advises/represents clients on issues related or unrelated to those discussed in the post. DRL Logistics v. Google: Revival of the Third-party Trademark as a Keyword Dispute Payal Saraogi The steady growth in…


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