Category Archives: Trademark

Trademark

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

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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!

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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

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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

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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

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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)

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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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Comparative Advertising Trademark

All About Men’s Fairness Creams and Generic Disparagement

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In a country where a person’s beauty is usually based on the melanin content in one’s skin, products promising fairness and “even skin tone” are abundantly available in the Indian cosmetics industry, most of which target the fairer sex (pun intended) as their main customer base. Lately, however, the Indian cosmetics industry has been acknowledging changing gender roles and the  shift from traditional perceptions of masculinity and femininity by introducing beauty products especially targeted towards men, including fairness products. A…


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Trademark

Need for Boosting Trademark Law for Keeping Pace with Artificial Intelligence

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We’re pleased to bring to you a guest post by Shubham Borkar and Nitish Daniel. Shubham is a Senior Associate at Khurana and Khurana Advocates and IP Attorneys and Nitish is an Assistant Legal Advisor at ONGC. Need for Boosting Trademark Law for Keeping Pace with Artificial Intelligence Shubham Borkar & Nitish Daniel  Business Giants like Google, Facebook, IBM are integrating AI systems into their operations, so are online retailers, online marketers, and product manufacturers like Amazon. For example, you…


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Designs Trademark

SpicyIP Fellowship 2019-20: “See You Later, Alligator!” The Delhi High Court Rejects Crocs’ Suit For Passing Off of Registered Design

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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 first submission for the Fellowship. “See You Later, Alligator!” The Delhi High Court Rejects Crocs’ Suit For Passing Off Of Registered Design  Arushi Gupta   On 7th March 2019, in Crocs Inc. USA v. Aqualite India Limited, the Delhi High Court rejected the maintainability of a suit of…


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Copyright Trademark

Draft E-Commerce Policy Extends India’s Intermediary Liability Woes

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It’s been a rough time for online intermediaries operating in India, lately. Jumping on the techlash bandwagon in the wake of multiple social media fiascos concerning online disinformation, data breaches, and mass propagation of hate speech and abuse, governments across the world are taking this as an opportunity to tighten regulation for online ‘intermediaries’ – platforms which host third party content, such as social media or online marketplaces. Similarly, the hornet’s nest of intermediary liability for copyright and trademark infringement…


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