Trademark

Trademark Disparagement, Free Speech and Bullying: The Case of Dabur v. Dhruv Rathee

/ By / Trademark

[This post is authored by SpicyIP intern Srujan Sangai. Srujan is a second-year BA LLB student at the National Law School of India University, Bengaluru. He is interested in intellectual property law and technology law.] Dhruv Rathee, a popular Youtuber found himself in a court battle against Dabur India (Dabur India Limited v. Dhruv Rathee) for criticizing its “Real” packaged fruit juice in his (now removed) video ‘Is Fruit Juice Healthy? | The Harsh Truth’. Dabur, who is no stranger to product …

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SpicyIP Tidbit: Additional Records Allowed Before Framing of the Issues Says the Delhi High Court

/ By / Trademark

Recently, on 6th March 2023, in Bennett Coleman & Co. vs ARG Outlier Media Pvt Ltd, a case concerning trademark infringement the Delhi High Court allowed the application for placing additional documents on records. But what makes this case worth tidbit-ing is the court’s open remarks and clarifications on adding new documents on record. The Court had stated that the “power … to permit additional documents to be taken on record if a party gives sufficient cause for not filing …

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SpicyIP Weekly Review (March 20-March 25)

/ By / Copyright, Design, Others, Patent, Trademark

[This weekly review is co-authored with SpicyIP intern Niranjana Biju. Niranjana is a second-year student pursuing B.A. LL.B. (Hons.) from NUALS, Kochi. She is keenly interested in exploring various fields in law, especially IP, TMT and dispute resolution.] Here are the quick summaries of the 3 posts, 7 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include …

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SpicyIP Weekly Review (March 13- March 18)

/ By / Copyright, Patent, Trade Secret, Trademark, Traditional Knowledge

Here are the quick summaries of 4 posts, 7 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them!   Highlights of the week IPD for Madras High Court! The Court Directs the State Government to Notify the Rules Within 1 Week IPD for Madras High Court! In a huge development, the Madras High Court has directed …

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Trademarks, “Nature” of the Business and Interim Injunctions: Some Thoughts on the Delhi High Court’s Two (Opposing?) Orders

/ By / Trademark

(This post is authored by  SpicyIP Intern Niyati Prabhu, a second-year student pursuing B.A.LL.B. (Hons.) from NUALS, Kochi. See her previous posts here and here.) Recently Delhi High Court passed contrasting orders in Birla Institute Of Technology and Science, Pilani vs Maa Bhagwati Educational Society and Anr. (“BITS Case”) and the American International School, Chennai vs American International School, Greater Noida and Ors. (“American International School Case”).  On the face of it, the facts of both the cases seem similar, …

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SpicyIP Weekly Review (March 6- March 11)

/ By / Biological Diversity, Copyright, COVID-19, Drug Regulation, Geographical Indication, Patent, Trademark

Here are the quick summaries of 5 posts, 4 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them!   Highlights of the Week Learning from India’s Disastrous Experience in Protecting Itself against Biopiracy In light of the upcoming WIPO Diplomatic Conference on Genetic Resources and Traditional Knowledge, Prashant Reddy brings us a post highlighting India’s sub-par experience with …

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Winzo v Google- Missed Opportunity to Detail out Disparagement

/ By / Trademark

[This post has been authored by SpicyIP Intern Tanvi Agarwal. Her previous post can be accessed here. Tanvi is a second-year student pursuing BA LLB at the National University of Juridical Sciences. She is intrigued by the field of Intellectual Property Law and wishes to explore the same.] With the growth of competitive businesses around the world, industries are indulging in practices to promote their own goods to make it more attractive for consumers. In this process, they sometime tend …

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SpicyIP Weekly Review (February 27-March 4)

/ By / Copyright, Design, Patent, Trademark

[The weekly review is co-authored with SpicyIP intern Tanvi Agarwal] Here are the quick summaries of the 7 cases and other IP developments. Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! Case Summaries  Delhi High Court injuncts defendant from using “Sona” however, imposes costs worth 10 Lakhs on the plaintiff for concealing material facts. Case: Sona Blw Precision Forgings Limited & Anr. V. Sona Mandhira Pvt. …

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SpicyIP Weekly Review (February 20 – February 26)

/ By / Copyright, Patent, Trademark

[The weekly review is co-authored by SpicyIP Interns Hiranya Bhandarkar, Niyati Prabhu, Amisha Mittal and Tanvi Agarwal.] As February comes to an end, another month goes by with some interesting IP developments. Here are the quick summaries of 4 posts, 8 case summaries and other IP developments that took place last week. Important IP cases that we’re missing out on? Especially from other High Courts?  Please let us know so we can include them! Highlights of the week   Spill …

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Spill the Tee M: Discussing the Delhi High Court’s Order on Transborder Reputation in Toyota v TechSquare

/ By / Trademark

[This post has been co-authored with SpicyIP Intern Hiranya  Bhandarkar. Hiranya is a fourth-year law student at the School of Law, Bennett University. Her areas of interest are Intellectual Property Laws, Data Privacy Laws and Company Law.] In December 2017, the Apex Court in Toyota v Prius Auto Industries, set the standard of claiming transnational reputation in a mark backed by adequate evidence. In what may seem like a deja vu for Toyota, 5 years after the Supreme Court’s order, …

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