Category Archives: Trademark

Trademark

The Underdog Takes It All: AZ Tech (India) v. Intex Technologies (India) Ltd.


Recently, the Delhi High Court temporarily injuncted the handset giant Intex Technologies from using the trademark “Aqua” based on passing off charges made by AZ Tech (India). The judgement is available here. This well-reasoned and lucid judgement is one of the few in India which deal with arbitrary marks. This is an interesting case where a much smaller company has been able to prima facie prove passing off against a leading corporation in the field. Facts The plaintiffs sought an…


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Trademark

Holding that a Permitted User Cannot Institute a Suit for Trademark Infringement, Delhi High Court Dismisses Suit for Lack of Jurisdiction


As Ritvik recently noted on this Blog, the Delhi High Court has recently begun to shed its reputation of being a pro-plaintiff forum by dismissing suits over which the Court does not have jurisdiction in accordance with the well settled law on this subject. In keeping with this trend, a recent Division Bench judgment of the Court [P.K. Sen versus Exxon Mobile] is another excellent example of the Court testing the plaintiff’s assertions as to the Court’s jurisdiction against the…


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Copyright Trademark

Spoilt for Choice? Not anymore: The Delhi High Court returns plaint since no part of cause of action arose in Delhi


In a recent decision, a Single Judge of the Delhi High Court refused to entertain Allied Blenders’ action for infringement of its TM OFFICER’S CHOICE since the plaint disclosed that the Defendant’s infringing use was restricted only to Andhra Pradesh. Furthermore, the Court also observed that it will not assume jurisdiction merely because the plaintiff has stated at the fag-end of the plaint an apprehension that the Defendant is likely to engage in the infringing activity in Delhi as well….


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Trademark

The Flintobox Story: Of Amazon’s ‘Automated Keywords’ and Google’s Adword Policy


Flintobox, a Chennai-based startup that focuses on child development, is a name that has been buzzing around the news recently. On the 19th of December, 2016, Arunprasad Durairaj, one of the founders of Flintobox, uploaded a blog post that turned into a social media campaign within a couple of days. He shared their conflict with Amazon and Google with regard to Amazon’s use of adwords that mirrored Flintobox’s registered trademark. Such use resulted in directing away traffic that was presumably…


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Trademark

A New Year Gift “NCL(11-2017)” to Trademark (Brand) Owners from WIPO!


We are happy to bring to you a guest post by Noopur Goel. With over ten years of experience in IP, Noopur is a qualified Microbiologist and an ardent IP attorney by profession. Prior to gaining experience in IP, she was involved into research activities due to affection for her friendly microorganisms. She is currently associated with a reputed NCR based boutique law firm. She is regularly invited as a guest speaker by several government organizations as well as private institutions….


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Others Trademark

Delhi HC Passes Landmark First Order on Summary Judgement Proceedings Under Order 13A of the CPC


In a succinct and very well written order, Justices Badar Durrez Ahmed and Ashutosh Kumar of the Delhi High Court delivered the first ever decision to interpret Summary Judgement Proceedings under Order 13A of the Civil Procedure Code (‘CPC’). Passed on the 4th of January, 2016 – this case: Bright Enterprises Private Ltd. & Anr. v. MJ Bizcraft LLP & Anr. (read the order here) was originally instituted to claim a permanent injunction restraining inter alia trademark infringement and dilution…


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Trademark

The PayMark Battle: Whose Blue is it Anyway?


This post has been co-authored with Ritvik Kulkarni. Have you been seeing the PayTM logo everywhere? Outside every shop, every vegetable vendor and even at the local panwadi? Well, you have been diagnosed with the PDSD (Post Demonetization Stress Disorder). Fret not; mobile wallets are here to make all the stress go away! Among others, PayTM has already become frontrunner in this market, having stupendously cashed in on the Government’s drive to go cashless. Little did PayTM know that its…


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Trademark

Surrogate Advertisements: The dark side of Trade marks? [Part II]


In Part I, I looked at the definition of surrogate advertising and relevant laws pertaining to it. In this Part, I explore the role of the judiciary and the question of trademark rights vis-à-vis surrogate advertisements. Role of the Judiciary In 1999, the Voluntary Health Association of India filed a PIL in the Delhi High Court to seek a ban on the sponsorship of the Indian cricket team by the Wills brand of cigarettes manufactured by ITC. According to the PIL, the…


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Trademark

Surrogate Advertisements: The dark side of Trade marks? [Part I]


Advertisements are made for one simple reason: to portray the product in question in a good light and make it appealing and irresistible for prospective customers. Where profit is the only motive, there is no place for cold hard facts or objective truths. Whether we believe that soup powders have “the goodness of real vegetables” or that a certain telecom brand can unilaterally solve our country’s problems, we can only point fingers at advertisements for our mistaken beliefs. Advertisements have…


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Trademark

Delhi High Court dismisses trademark infringement lawsuits by Pepsico & Rasna for lack of jurisdiction


The Supreme Court’s decision in IPRS v. Sanjay Dalia continues to torment IP owners who have been abusing the law to create jurisdiction before the Delhi High Court. The victims this time are Pepsico and the owners of the Rasna trademark. In two different judgments, Justice R. K. Gauba has rejected lawsuits filed by both these trademark owners under Section 134 which is the special jurisdictional clause of the Trade Marks Act, 1999. This clause, like Section 62 of the…


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