Category Archives: Trademark

Trademark

Surrogate Advertisements: The dark side of Trade marks? [Part II]


In Part I, I looked at the definition of surrogate advertising and relevant laws pertaining to it. In this Part, I explore the role of the judiciary and the question of trademark rights vis-à-vis surrogate advertisements. Role of the Judiciary In 1999, the Voluntary Health Association of India filed a PIL in the Delhi High Court to seek a ban on the sponsorship of the Indian cricket team by the Wills brand of cigarettes manufactured by ITC. According to the PIL, the…


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Trademark

Surrogate Advertisements: The dark side of Trade marks? [Part I]


Advertisements are made for one simple reason: to portray the product in question in a good light and make it appealing and irresistible for prospective customers. Where profit is the only motive, there is no place for cold hard facts or objective truths. Whether we believe that soup powders have “the goodness of real vegetables” or that a certain telecom brand can unilaterally solve our country’s problems, we can only point fingers at advertisements for our mistaken beliefs. Advertisements have…


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Trademark

Delhi High Court dismisses trademark infringement lawsuits by Pepsico & Rasna for lack of jurisdiction


The Supreme Court’s decision in IPRS v. Sanjay Dalia continues to torment IP owners who have been abusing the law to create jurisdiction before the Delhi High Court. The victims this time are Pepsico and the owners of the Rasna trademark. In two different judgments, Justice R. K. Gauba has rejected lawsuits filed by both these trademark owners under Section 134 which is the special jurisdictional clause of the Trade Marks Act, 1999. This clause, like Section 62 of the…


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Trademark

Holding Mother Dairy as a Well Known Mark, Delhi High Court Grants Permanent Injunction to Restrain its Misappropriation


In a recent judgment [Mother Dairy Fruit and Vegetable versus S.K. Raheem], Justice R.K. Gauba of the Delhi High Court granted a permanent injunction in favour of Mother Dairy, restraining the use of its trademark/trade dress by the defendant in its milk products sold under the name Vinay Milk. One of the key factors undergirding the Court’s conclusion was that Mother Dairy is a well-known mark, meriting stronger protection than a trademark simpliciter. We have covered judicial determinations recognizing a…


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Trademark

Delhi HC Overrules AAR Formula One Decision on Incidental Trademark Use


In Formula One World Championship Limited v. Commissioner of Income Tax (the order is available here), the Delhi High Court on the 30th of August this year, overruled an order of the Authority for Advance Ruling (‘AAR’) on the incidental usage of the trademarks and logos owned by Formula One Licensing B.V. by Jaypee Sports Limited (‘Jaypee’) in the organisation and promotion of the Formula One Grand Prix in India (‘Grand Prix’). The Grand Prix, that saw three editions in…


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Trademark

‘Tata’ is a well-known mark, reaffirms Delhi HC judgment in Tata Sons Limited v. Ram Niwas & Ors


The Plaintiff filed the present suit inter alia seeking a decree of permanent injunction restraining the Defendants from directly or indirectly dealing in the business of providing transport; packaging and storage of goods; travel arrangement, packaging / moving services under the domain name www.tatapackers.com and/or using any trademark/ description/name/device bearing the trademark TATA or any other mark which is deceptively similar to the Plaintiff’s trademark TATA. [The judgment is available here] It is contended that the Plaintiff has been continuously using…


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Trademark

The Not-so-Exclusive “Shaadi”- Bombay High Court rules on domain names


As shaadi season is underway (albeit less festive this year), we bring you another development in the business of the Big Fat Indian Wedding; the judgement in People Interactive (India) Pvt. Ltd. v Vivek Pahwa & Ors. This judgement pertains to a passing off dispute between shaadi.com and secondshaadi.com. It makes some rather astute observations about the nature and level of protection granted to domain names, reading down the level of protection granted by earlier cases, such as Yahoo Inc….


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Patent Trademark

458 Patent Examiners recruited, 396 begin work!


Here’s some good news to begin the week! Earlier this year to commemorate World IP Day the Department of Industrial Policy and Promotion (“DIPP“) had announced the appointment of 458 new patent examiners. This was done to reduce timelines for examination of patents and trademarks.  As per a recent Financial Express report, of the 458 new examiners, 396 have already joined work after training. This indicates a four-fold increase in the number of examiners, up from the current figure of…


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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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