Category Archives: Trademark

Trademark

A case study which deals with trademark infringement: Aditya Birla Nuvo Limited v. M/S R.S. Sales Corporation & Anr.


At the outset, this (uncomplicated) case law (Aditya Birla Nuvo Limited vs R.S. Sales Corporation & Anr on 28 July 2016) doesn’t set out or provide clarification on any point of law. Further, this is not a final Order. It makes the previously issued interim order absolute during the pendency of the suit. Even then, this judgment, to my mind, gives insights pertaining to discerning and devising strategies, presents an indicative list as to what to do and what not to…


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Patent Trademark

Bottling Fame, Brewing Glory and Taxing the Transfer of IP Licences


A recently pronounced Bombay HC judgement is the latest in a long line of cases dealing with the taxation of licences to use intangible property, with the preceding chapter being written by the same court in Tata Sons v. State of Maharashtra. Given the number of sharply conflicting decisions at the High Court level, it is safe to say that the legal questions at issue have been the subject of as much jurisprudence as juris-imprudence in the past. We’ve covered Tata…


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Designs Trademark

Its all about the shape – design infringement and passing off


Just like other aspects of civilisation and life, shapes too had humble beginnings. The clean and simple – circles, squares and triangles, the most basic shapes of our planet, laid the foundation for today’s complicated designs and patterns. Also, as we have heard, shapes were used to communicate and as part of a language in early civilisation. While shapes today have evolved and become more numerous and complicated, they are still a language in themselves and are certainly still a…


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Trademark

The “Sun Control” Mark


Given that most of today’s judges grew up in the era of Amitabh’s ‘Angry Young Man’ and laconic western protagonists, it is rather strange to see so many judgments play such a significant role in aiding deforestation. Even more concerning is that when it comes to comprehensibility, judges seem to be far more influenced by Gulzar’s indecipherable lyrics than Vijay’s sharp dialogue delivery. Thankfully, Justice Patel keeps it short and simple. Before I make this piece about my undying love…


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Trademark

The “Superhero” Trade Mark


Around two months ago, DC and Marvel attempted to force their will onto a small time author. Graham Jules, author of “Business Zero to Superhero”, was taken to court for using the trade marked word “Superhero” in his book’s title, only for the famed comic publishers to back out subsequently for “commercial reasons”. This here, covers the legal battle apart from providing a nice little overview of superhero literature through the 1900s. I will not be directly discussing the above…


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Copyright Trademark

Delhi High Court reinforces jurisdictional importance of cause of action; lambasts Single Judge for dissenting with division bench in Ultrahome


In Ultrahome Constructions v. Purushottam, a division bench of the Delhi High Court interpreted IPRS v. Sanjay Dalia to hold that the plaintiff will be constrained to sue at the place of its subordinate office if the cause of action arises there and not at the place of its principal office. The Delhi HC has essentially upheld the importance of the existence of the cause of action while determining jurisdiction in copyright and trademark litigation. Now, the Delhi HC has…


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Copyright Trademark

Delhi High Court: Plaintiff must sue at principal office when cause of action absent from subordinate office


In my previous post (here and here), I analyzed the jurisdictional position of IP litigation after the SC’s decision in IPRS v. Sanjay Dalia. I noted there that a division bench (DB) of the Delhi High Court has interpreted Dalia in Ultrahome Constructions v. Purushottam Kumar Chaubey; wherein the Delhi HC ruled that the plaintiff cannot sue at the place of its registered office when it also has a subordinate office where the cause of action has also arisen. The Delhi HC…


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Copyright Trademark

Where do I Carry on Business?: The Jurisdictional Conundrum post IPRS v. Sanjay Dalia (Part II)


Delhi High Court’s Interpretation of Dalia In Ultrahome Constructions v. Purushottam Kumar Chaubey, a Division Bench of the Delhi HC had an opportunity to interpret IPRS v. Sanjay Dalia.  The Plaintiff was the owner and used the mark “AMRAPALI” inter alia in relation to hotels. It had its registered office in Delhi. The Defendant was using the impugned mark “AMBAPALI GREEN” in Deogarh (Jharkhand), where the Plaintiff also operating a hotel under its AMRAPALI trademark. The Plaintiff brought a suit…


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Copyright Trademark

Where do I Carry on Business?: The Jurisdictional Conundrum post IPRS v. Sanjay Dalia (Part I)


In a previous post, I covered the Bombay HC’s decision on jurisdiction in copyright and trademark litigation in India. As we saw there, the crux of the discussion comprised an analysis of where a person can be said to be “carrying on business” and especially if that place can be a corporate plaintiff’s subordinate office as opposed to its head office. In Manugraph India Limited V. Simarq Technologies Pvt. Ltd. & Ors, the Bombay HC answers in the negative and…


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Trademark

Second time [un]lucky? Bombay HC denies Raymond Ltd. rights over ‘Raymond’


‘If at first you don’t succeed, try, try again’, is something Raymond Limited (‘RL’) seems to have imbibed into their litigation strategy. In 2006, RL filed a suit for infringement against Raymond Pharmaceuticals (‘RP’) for the use of ‘Raymond’ (RL’s ‘trademark’) in their corporate name. While a 2007 appeal to a Notice of Motion filed in the suit was dismissed by the Bombay High Court in 2010, the main suit is yet to be heard. The order passed in 2010…


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