Category Archives: Trademark

Trademark

Real Milk, Real Ice Cream? Amul’s Advertisement Alleged to be Disparaging in Bombay HC


Amul, known for their quirky and contemporary advertising, seem to have found themselves in trouble over this recent advertisement (picture on the left) that compares them to other ‘frozen dessert’ companies. The advertisement claims that while they use ‘real milk’ to make ‘real ice cream’, other ‘frozen dessert’ companies use Vanaspati oil. As reported by Livemint, Hindustan Unilever Limited (HUL), and Vadilal have taken Gujarat Cooperative Milk Marketing Federation Limited (GCMMF) to  Court, claiming that this Amul advertisement by GCMMF…


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Trademark

Rubik’s Cube: The Assassination of Artistic Freedoms and Genericide of TM


We are pleased to bring to you a guest post by Bharat Ganesan (name changed, since he wishes to keep his identity confidential), who is an attorney working in the US. This post is in opposition to Rahul’s recent post on the Bombay High Court’s interim injunction order restraining the use of ‘Rubik’s Cube’ as the title of a Marathi film. Rubik’s Cube: The Assassination of Artistic Freedoms and Genericide of TM Bharat Ganesan Dissent might be snuffed out in…


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Trademark

Bombay High Court Injuncts the Release of a Film Titled ‘Rubik’s Cube’; Holds That It Constitutes Passing Off


Readers may recall that we had blogged about the Delhi High Court’s grant of an interim injunction to Seven Towns last year in a passing off action founded upon the use of the trade dress of the Rubik’s Cube puzzle by the defendant in that case. In an interesting turn of events, the Rubik’s Cube found itself embroiled in another legal controversy recently, resulting in the grant of an interim injunction against its use as the title of a feature…


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Copyright Trademark

SpicyIP Fellowship 2017-18: Beginner’s Guide to Combating Infringement on Social Media


We are happy to bring to you a guest post by our Fellowship applicant Madhurima Gadre. Madhurima is a 4th year student at National Law University, Jodhpur. This is her first submission for the Fellowship.     Beginner’s Guide to Combating Infringement on Social Media Madhurima Gadre Around 2009, some people began adding macro text to a photo of a penguin on the internet. According to Know Your Meme, a website dedicated to documenting viral internet phenomena, this became what’s now known…


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Trademark

Joint Trade Mark Ownership: Competing Values


While discussing the “superhero” trade mark (here), I had promised to discuss joint TM ownership. In that case, DC and Marvel jointly owned the trade marked word “superhero“.  By “Joint Trade Mark Ownership”, I am referring to two separate entities (not a joint-venture) owning one single mark in the same geographical region over the same kind of products or services. Actually, I was required to discuss a specific case involving a split in a family and the IP complexities arising…


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Trademark

SpicyIP Fellowship 2017-18: Online Marketplaces and Trademark Infringement in India


  We are pleased to bring to you a guest post by our Fellowship applicant Divij Joshi. Divij graduated from NLS, Bangalore in 2016 and is currently working at a leading law firm in Mumbai. This is his first submission for the Fellowship.   Online Marketplaces and Trademark Infringement in India Divij Joshi The responsibilities of online intermediaries for third-party transactions on the internet is a vexing legal issue across jurisdictions, India being no exception. While a division bench of…


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Trademark

SpicyIP Fellowship 2017-18: Intex v. AZ Tech – Big Fish Strikes Back (Part II)


In Part I of her post on the Delhi HC’s recent judgment in the Intex v. AZ Tech case, our Fellowship applicant Sreyoshi Guha dealt with the issue of goodwill as an essential of passing off. In this Part, she deals with the remaining issues of the case. Intex v. AZ Tech: Big Fish strikes back (Part II) Sreyoshi Guha In this part, I deal with the remaining contentions and the reasoning of the Court to that effect. As in…


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Trademark

SpicyIP Fellowship 2017-18: Intex v. AZ Tech – Big Fish Strikes Back (Part I)


We are pleased to bring to you a two-part guest post by our Fellowship applicant Sreyoshi Guha.  Sreyoshi is a 4th year student at Symbiosis Law School, Pune. This is her first submission for the Fellowship. Intex v. AZ Tech: Big Fish strikes back (Part I) Sreyoshi Guha December 24, 2016 might have been an ordinary day for most of us. It was also, however, the day when AZ Tech served mobile phone giant Intex with an interim injunction against using…


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Trademark

SpicyIP Fellowship 2017-18: MontBlanc v. Gaurav Bhatia – Another Curious Case of DHC’s Damages Jurisprudence


We are happy to bring to you another guest post by our Fellowship applicant Maitreyee Dixit. Maitreyee is a 2nd year student at NALSAR University of Law, Hyderabad. This is her second submission for the Fellowship. MontBlanc v. Gaurav Bhatia: Another Curious Case of DHC’s Damages Jurisprudence Maitreyee Dixit Damages in trademark law, especially in Delhi High Court’s jurisprudence have been riddled with inconsistencies. Be it the grounds to provide damages, the calculations of damages or the entirety of punitive damage…


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Copyright Trademark

Copyright Board to be Taken Over by IPAB Under the Finance Bill, 2017 Passed by the Lok Sabha


In a surprising development, the Copyright Board is set to be merged with the Intellectual Property Appellate Board (IPAB) under the Finance Bill, 2017 that was passed in the Lok Sabha yesterday. This merger comes along with merger of seven other tribunals (including the Competition Law Appellate Tribunal and the Cyber Appellate Tribunal) with other existing tribunals, all of which were proposed by the amendments to the Bill moved by the Finance Minister Arun Jaitley on Tuesday. The Bill seeks…


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