Category Archives: Trademark

Trademark

Websites, the Virtual Juggernauts, Continue to Question Jurisdiction and Enforcement in Online Trademark Disputes


The borderless nature of the internet has, time and again, challenged conventional notions of jurisdiction and enforcement. While countries have a legitimate interest in protecting / preserving their laws, with the internet, there is always a fear of the law becoming a general law of the internet. Maintaining this balance is key when deciding questions that pertain to issues involving parties belonging to different jurisdictions. The Delhi High Court was tasked with resolving a trademark infringement and passing off dispute…


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Patent Trademark

Technology Has the Potential to Make Trademark Processes Easy Peasy


Singapore’s New Trademark App The Intellectual Property Office of Singapore has recently launched an app called ‘IPOS GO’ available on the Apple App Store and the Google Play Store. The app provides various on-the-go trademark services, which include even direct filing of trademark applications (making this the world’s first mobile app for enabling the filing of trademark applications).  The various functions that the app can perform are: “Use IPOS Go to: Apply for and renew trademark registrations in Singapore* Search…


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Trademark

The Timken Template: The Delhi High Court Ruling in Suzuki Motor v. Suzuki India


We’re pleased to bring to you a guest post by Eashan Ghosh on the recent Delhi High Court ruling in Suzuki Motor v. Suzuki India. Eashan has been in practice 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, including a monthly review of Delhi High Court judgments, on his Medium page. He has written guest posts for…


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Trademark

SpicyIP Fellowship 2019-20: Through the Looking Glass – Alice and the Wonders of the ‘Liability of Online Marketplaces’ in the Delhi HC


We’re pleased to bring to you another guest post on the recent Delhi High Court decision in Amway & Ors. v. 1MG Technologies & Ors. by our Fellowship applicant, Arushi Gupta. Arushi is a 2nd year student at Maharashtra National Law University, Mumbai. This is her fourth submission for the Fellowship. Eashan Ghosh’s guest post on the same decision, published last week, can be viewed here. Through the Looking Glass: Alice and the Wonders of the ‘Liability of Online Marketplaces’ in the…


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Trademark

“A Sherlockian Venture”: The Delhi High Court Shuts Down (Genuine?) E-Commerce Sales Unauthorized by Trade Mark Claimants


We’re pleased to bring to you a guest post by Eashan Ghosh on the recent Delhi High Court decision restraining various e-commerce platforms (including Amazon, Flipkart and Snapdeal) from enabling sale of products of ‘direct selling’ companies without their consent. Eashan has been in practice 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, including a monthly…


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Copyright Others Patent Plant Variety Protection Trademark

Curiouser and Curiouser: The Delhi High Court Whitewashes an Infirm IPAB and Rules that a Plant Variety is a Patent..and Perhaps Even a Trademark!


We bring you a guest post from the prolific Prashant Reddy, who has had to take a break away from regular blogging at SpicyIP since he now heads the judicial reforms team at Vidhi. Fortunately, we managed to persuade him to pen a guest post on this rather curious decision, where a judge of the Delhi High Court has effectively ruled that an “expert” IP tribunal that lacks the alleged “expertise” can still decide IP disputes. In his inimitable style,…


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Designs Trademark

SpicyIP Fellowship 2019-20: “See you in Court, Alligator?” The Delhi High Court Rules in Favor of Crocs Over Passing Off of a Registered Design


We’re pleased to pleased to bring to you a guest post by our Fellowship applicant, Arushi Gupta. Arushi is a 2nd year student at Maharashtra National Law University, Mumbai. This is her third submission for the Fellowship. “See you in Court, Alligator?” The Delhi High Court Rules in Favor of Crocs Over Passing Off of a Registered Design Arushi Gupta On 4th June, 2019, the Delhi High Court delivered an interim order regarding the age-old conflict “brewing” between Carlsberg Breweries…


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Geographical Indication Trademark

An Update on the Tobacco Plain Packaging Case at the WTO


A little over a year ago, a Panel formed under the auspices of the World Trade Organisation published a report that found Tobacco Plain Packaging Measures (the ‘TPP Measures’) rolled out in Australia to be compliant with obligations under international trade agreements. This decision was hailed as a victory against the tobacco lobby, which has rallied against TPP Measures at several levels, including domestic courts and international investment tribunals. However, this decision has also attracted plenty of criticism (see here…


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Trademark

Bombay HC Imposes A Whopping Amount Of Rs. 5 Cr Costs For Trademark Infringement


On April 15, 2019, the Bombay HC imposed costs of Rs. 5 crores in its order in Nippon Steel & Sumitomo Metal Corporation vs. Kishor D Jain & Anr. Nippon Steel, represented by Remfry and Sagar, filed a suit when they received a complaint made to them by Yanbu Steel Company, a trading company based in Saudi Arabia, about the quality of some Carbon Seamless Pipes which were to be used in oil plants. The company informed Nippon Steel that…


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Others Trademark

The Nature of Orders and Quorum Requirements at the IPAB (Part I)


In January, I had written a brief post alleging the illegality of the hearings conducted and the orders passed by the IPAB. I had argued that the IPAB had violated the law because it failed to meet the quorum requirements under provisions of the Trade Marks Act, 1999 read with the IPAB (Procedure) Rules, 2003 (‘quorum requirements’) when conducting hearings and passing orders. Since the retirement of Technical Member Sanjeev Kumar Chaswal on December 5, 2018, the IPAB has remained…


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