Category Archives: Trademark

Trademark

The Delhi High Court and an Anti-Suit Injunction – Part II


[Please read Part I of this two-part post for the summary of the judgment discussed herein] Introduction I am unable to agree with the judgment of Delhi High Court on various counts. At the outset, this is an ex-parte proceeding. The evidentiary threshold, as held by the Supreme Court in Ramesh Chand Ardawatiya v. Anil Panjwani (AIR 2003 SC 2508), is as follows: “33. ………In the absence of denial of plaint averments the burden of proof on the plaintiff is…


Read More »
Trademark

The Delhi High Court and an Anti-Suit Injunction – Part I


The Delhi High Court recently granted an anti-suit injunction in HT Media Ltd v. Brainlink International in an ex-parte interim injunction proceedings. Part I of this two part post shall summarise the judgment. Part II shall critically analyse the judgment. Brief Facts The plaintiff owns the trademarks “Hindustan” and “Hindustan times” under Class 16 and Class 38. The defendant owns the domain name www.hindustan.com. The negotiations between the plaintiff and the defendant for handing over the domain name were not…


Read More »
Trademark

Trademarking of Blockchain Technology and Virtual Currencies: An Unsolvable Conundrum?


We’re glad to bring you another post by our intern, Bhavik Shukla, discussing the various aspects of trademark registration for virtual currencies. Bhavik is a 5th year student at NLIU, Bhopal. His earlier posts on the blog can be viewed here, here, here, here, here and here. Trademarking of Blockchain Technology and Virtual Currencies: An Unsolvable Conundrum? Bhavik Shukla I read Arun’s post on trademarking of virtual currencies with much interest. He lucidly explained the concepts relating to the ‘befuddling’…


Read More »
Comparative Advertising Trademark

Same Old Disparagement Story: Delhi HC Grants Interim Injunction Against Lifebuoy Ad


A single-judge bench of the Delhi High Court recently passed an order granting an interim injunction in the case of Reckitt Benckiser (India) Private Limited v. Hindustan Unilever Limited. The case concerned an allegation of disparagement caused to the Plaintiff’s product Dettol antiseptic liquid by the Defendant’s Lifebuoy soap commercial. After the Plaintiff proved a prima facie case of disparagement, the Court granted an interim injunction restraining the Defendant from airing the advertisement until the final decision in the suit….


Read More »
Copyright Others Patent Plant Variety Protection Trademark

A Petition to Shutdown the IPAB and Shift Its Functions to High Courts and Commercial Courts


A few weeks ago we had an interesting series of posts on SpicyIP, debating the role of the Intellectual Property Appellate Board (IPAB) and whether it should continue to exist. Along with our former blogger Rahul Bajaj, who is currently a Rhodes Scholar at Oxford, I have drafted the petition below requesting the government to consider a proposal to scrap the IPAB and transfer its functions back to commercial courts and High Courts. We intend to send it to the…


Read More »
Trademark

BMW v. ‘DMW’ E-Rickshaw: Did Delhi HC Grant Injunction Based on an Incomplete Assessment?


We’re pleased to bring to you a guest post by Nikhil Purohit, analysing the Delhi High Court’s recent grant of an interim injunction restraining an e-rickshaw manufacturer from using the mark ‘DMW’, in a trademark infringement action by the luxury car manufacturer BMW. Nikhil is a 4th year student at the National Law School of India University, Bangalore. BMW v. ‘DMW’ E-Rickshaw: Did Delhi HC Grant Injunction Based on an Incomplete Assessment? Nikhil Purohit On March 23rd, the Delhi High…


Read More »
Trademark

A Response to the Alternate Interpretation on Permissibility of Sub-licensing under Indian Trademark Law


Last week, Kapil had written a guest post giving an alternate interpretation to the arguments in my post on the impermissibility of sub-licensing arrangements under the Trade Marks Act, 1999 (‘the TM Act’). The main counter points by Kapil against my argument that the TM Act does not permit sub-licensing, as I understand, are listed below: The TM Act does not explicitly restrict the provision of sub-licensing clauses in an agreement between a proprietor and a user. Section 2(1)(r)(i) read…


Read More »
Trademark

Is Sub-Licensing of Trademarks Permitted under Indian Law? : An Alternate Interpretation


We’re pleased to bring to you a guest post by Kapil Wadhwa on the issue of permissibility of sub-licensing of trademarks in India. Last week, Latha had discussed this issue on the blog, arguing that sub-licensing is not permitted under Trade Marks Act. In this post, Kapil provides a different interpretation of the statutory provisions and argues that the Indian law does permit sub-licensing of trademarks. Kapil is an intellectual property law practitioner based out of New Delhi and a…


Read More »
Trademark

Is Sub-Licensing of a Trademark Permitted under the Indian Trade Marks Act?


Last month, I had blogged about the feasibility of a sub-license under the Indian copyright law. In this blog post, I will examine the issue whether the Indian Trade Marks Act, 1999 (“the TM Act”) permits sub-licensing of trademarks. An oft-discussed issue while working on corporate deals which involve IP licensing is the insistence by a licensee that its “right to sub-license” the mark must be provided for in the agreement. In my opinion, it is not permissible under the…


Read More »
Trademark

Trademarks for Digital Currencies


The difficulty in defining virtual/crypto-currencies and its accompanying challenges has been beautifully captured by the prolific raconteur Justice V. Ramasubramanian in a recent judgment examining the validity of the RBI’s position in respect of virtual currencies, as: “Any attempt to define what a virtual currency is, it appears, should follow the Vedic analysis of negation namely “neti, neti”. Avadhuta Gita of Dattatreya says, “by such sentences as ‘that thou are’, our own self or that which is untrue and composed…


Read More »