Category Archives: Trademark

Copyright Trademark

Bom HC Denies Interim Injunction to Zee Against ‘De Dhakka’ Film Sequel

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A Single Judge of the Bombay High Court recently passed an order in the case of Zee Entertainment Enterprises v. Ameya Vinod Khopkar & Ors. The case concerned an allegation of copyright infringement and passing off in respect of the film ‘De Dhakka’. The Plaintiff had sought a permanent as well as an ad-interim injunction restraining the Defendants from producing a sequel of the film under the title ‘De Dhakka 2’. The Court refused to grant an ad-interim injunction, holding…


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Trademark

Global Trademark Report Card, 2019 (Special 301 Submission) – II

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This is the second and last post covering submissions with respect to trademark (the one first can be viewed here). While making comments, I have relied on inputs provided by various practising lawyers based out of Delhi and other parts of India. Court Proceedings: The Report notes that, ‘it may require at least two-to-three years for court proceedings to be decided, sometimes longer (up to seven years), particularly in courts other than the Delhi High Court. The Commercial Courts Act,…


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Trademark

Global Trademark Report Card, 2019 (Special 301 Submission) – I

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In these posts, from an Indian perspective, I shall discuss the main points of ‘2019 Global Trademark Report Card’ by Trademark Working Group (Special 301 Submission for 2020) [For complete list of documents, click here]. i) Certification standards The submission expresses its disapproval over the procedure for registration of certification marks (especially on 4-month opposition period regarding certification mark standards). It says that, as a result of the procedure, the owner of the mark may lose control over its certification…


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Comparative Advertising Trademark

India’s First Covid-19 IP Dispute? Dettol Handwash Ad Claimed to Disparage Lifebuoy Soap Trademark

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In what seems to be India’s first (reported) coronavirus related IP dispute, Hindustan Unilever (HUL) took Reckitt Benckiser (RB) to the Bombay High Court over RB’s most recent Dettol handwash advertisement, alleging that it disparages HUL’s Lifebuoy soap trademark. Background The case came to the court after the HUL (‘Plaintiff’) came across RB’s (Defendant) advertisement promoting its Dettol handwash, which portrayed that bar/solid soaps aren’t as effective as the liquid soap for washing hands, which is particularly important for tackling…


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Copyright Design Geographical Indication Others Patent Trademark

COVID-19: How Best Can the Indian IP Office Help its Stakeholders? [Updated]

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In these unprecedented times where a pandemic has brought the globe to a standstill, the top-most concern of IP owners (of course, other than to save themselves from COVID-19) would be about meeting deadlines in IP prosecution. This is because, deadlines in IP prosecution are often hard deadlines, and if extendable, involve a fee – sometimes these require the filing of signed/ notarised/ stamped documents. This concern is equally and anxiously shared by IP lawyers who assist IP owners around…


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Trademark

Another Amazon Original : How Amazon is Making and Breaking Trademarks

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If you browse through Amazon while shopping for something, you’d notice that apart from some unbelievable discounts, most of the brands offering these products are relatively obscure and that you are coming across such a brand name for the first time even though their product with its specs and features looks like it belongs right in your cart. If you are someone who has been using Amazon for a few years now, you’d have also realized that there is a…


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Trademark

Policy Questions Regarding Protection of Scent Marks

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We’re pleased to bring to you a guest post by Anupriya Dhonchak exploring policy questions regarding protection of smell marks. Anupriya is a 4th year law student at National Law University, Delhi. Policy Questions Regarding Protection of Scent Marks Anupriya Dhonchak One of the cutting edge topics in trademark law today is the issue of non-conventional trademarks. As per the Indian Trade Marks Act a ‘mark’ includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of…


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Trademark

Amazon v. Amway: A Growing Appellate Scrutiny Problem

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We’re pleased to bring to you a guest post by Eashan Ghosh on the recent Delhi High Court Division Bench’s decision that set aside the Single Judge’s order restraining various e-commerce platforms (including Amazon, Flipkart and Snapdeal) from enabling sale of products of ‘direct selling’ companies without their consent. Eashan has 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…


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Others Trademark

Delhi HC Division Bench Sets Aside Order Restraining E-Commerce Platforms from Selling Goods of Direct Selling Companies

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Last week, a Division Bench (DB) of the Delhi High Court set aside a common judgment passed by a Single Judge thereof in July last year in Amway India Enterprises Pvt. Ltd. v. 1Mg Technologies Pvt. Ltd. & Anr. The common judgment addressed the interlocutory applications filed in seven suits by Direct Selling Entities (the DSEs), Amway, Modicare and Oriflame against e-commerce platforms including Amazon, Snapdeal and Flipkart (the defendants). The DSEs engage direct sellers of their products to sell, distribute…


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Geographical Indication Trademark

An Indian Perspective on Singapore HC’s Decision in ‘Isetan Tartan’ Trade Mark Dispute

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This post analyses the recent decision of the Singapore High Court in Scotch Whisky Association v. Isetan Mitsukoshi Ltd., that involved the trade mark ‘Isetan Tartan’ owned by the Japanese department store chain, Isetan. A tartan is a cross-checked repeating pattern of different coloured bands, stripes, or lines of definite width and sequence, woven into woolen cloth. While tartan patterns have existed for centuries in many cultures, there is recorded evidence that are regarded as “peculiarly Scottish”. Many Scotch Whisky…


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