Category Archives: Trademark

Trademark

Government contemplates a ban on foreign investment through the licensing route in the Tobacco sector


According to reports, the Union Cabinet is considering a proposal to introduce a complete ban on all foreign investments in the tobacco sector. The Commerce and Industry Ministry has forwarded the final cabinet note for the Cabinet’s consideration, keeping in mind the views of the Health and Finance ministries. This move comes after the ban on FDI in cigarette manufacturing introduced by the Cabinet Committee on Economic Affairs and the DIPP in 2010. This ban was considered to be one…


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Patent Trademark

Public petition: Easing TMR/IPO e-filings


[This post has been co-authored with Shamnad Basheer] A friend of the blog is keen on unleashing an innovative online interface to ease e-filings of trademark (TM) applications and other TM forms. While a trademark registration regime brings with it various perceived advantages, the regime also brings in various administrative requirements that are needed to ensure that the Trade Marks Register is always upto date. A significant part of a client/trademark agent’s time is spent in ensuring that applications, replies,…


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Trademark

In a Welcome Development, Delhi High Court Rejects Prayer for Grant of Punitive Damages in Trademark Infringement Suit


On this Blog, we have previously covered judgments dealing with claims of passing off and trademark infringement in the domain of pharmaceutical products [see here, here and here]. One common thread that runs through all these judgments is the heightened sensitivity of courts to the negative public health ramifications that are likely to result from a failure to promptly and decisively injunct the sale of deceptively similar medicines of a substantially inferior quality. Indeed, after the Supreme Court articulated the…


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Overlaps in IP Patent Trademark

Three Birds, One Stone: Inphase Power Technologies v. ABB India


In a fascinating case before the Karnataka High Court: Inphase Power Technologies v. ABB India (read the order here), Justice P.S. Dinesh Kumar passed an order confirming the misappropriation of confidential information, patent infringement, and hold your breath – trademark infringement as well! Not to be left out, there were arguments advanced of alleged copyright infringement too, which were ultimately not taken up by the Court. This case is significant due to the parties involved, as there is an ongoing…


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Others Trademark

Brosnan’s ‘Pan’demonium – The Right of Publicity and a Possible Contractual Breach


Pan Bahar’s new advertisement featuring Pierce Brosnan was met with much incredulity, leading to his ridicule on social media. Brosnan reacted to the advertisement only about a week after it aired, to which Pan Bahar has now responded – leading to the present controversy. Brosnan told People that he was “deeply shocked and saddened” about his alleged endorsement of pan masala. He apologised, explaining that he has the “greatest love and affection for India and its people”; and clarified that…


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Trademark

A Brief Note on Kar HC Judgment in M/s. Avighna Coffee Private Limited v. M/s. Cothas Coffee Co.


The Karnataka High Court judgment lays down some significant pointers in trademark law which are helpful for practitioners: firstly, on lifting the corporate veil and secondly, for re-affirming the clean hands doctrine. Further, it is an interesting read as the judgment delivered by Justice P. S. Dineshkumar is well-structured and concise. This note shall deal with the prominent arguments of both the parties and the corresponding determination of the High Court. As trademark practitioners are well aware of, there are…


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Publication Trademark

Book Review: The Law and Practice of Trademark Transactions: A Global & Local Outlook, Eds. Irene Calboli & Jacques De Werra


Over the years this blog has covered several interesting issues pertaining to trademark transactions. Illustratively these include disputes arising out of trademark transactions (the Tiger and Maaza disputes), taxation of trademark assignments (the recent Fosters case), arbitration of IP disputes (the Telemax case & the IPRS v. ENIL case), co-ownership of trademarks after the splitting of family businesses and general strategies on licensing and securitisation of trademarks. The increasing value of trademarks to Indian businesses can also be gauged from…


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Trademark

Bombay High Court Reaffirms the Need to Compare the Overall Impression Conveyed by Trademarks in Infringement Inquiry


As we’ve noted on this blog before (see here, here and here), it is a well settled legal principle that, in a suit in which the plaintiff claims relief for trademark infringement/passing off, the Court is not to compare the two marks side by side in order to determine if they are similar, but the overall impression conveyed by the marks is dispositive. It would be instructive to examine a recent judgment of the Bombay High Court, (Rahul Uttamsuryavanshi versus Sunil…


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Trademark

A Game of Puzzle Cubes – Justice Manmohan Singh Rules on Trade Dress in the Rubik’s Cube


We are happy to bring to you a guest post by Ryan Wilson. Ryan is an associate at Sujata Chaudhri IP Attorneys, dealing with the firm’s litigation matters in the field of trade mark and copyright. He has a bachelor’s degree in law from RML National Law University, Lucknow.       A Game of Puzzle Cubes – Justice Manmohan Singh Rules on Trade Dress in the Rubik’s Cube Ryan Wilson The world famous Rubik’s Cube and its trade dress presented Justice…


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Trademark

Farmers’ Collective Reportedly Obtains Trademark Protection for Organic Spices


Even as the Indian Government has taken a number of substantive steps over the last two decades to put in place a robust legal framework to enable communities to protect their intellectual property rights through trademark and geographical indication protection, these measures haven’t translated into meaningful results on the ground. More specifically, even though Indian IP law envisages the protection of this sui generis form of IP by communities, a fundamental lack of awareness, coupled with excessive governmental interference, have…


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