Category Archives: Trademark

Trademark

The Olympics Blackout Period, Use of Athlete Attributes and IPRs- Part I


It’s less than a fortnight to the Rio Olympic Games. This calls for a special post on IP and the Olympics. Did you know that rules surrounding the Olympic Games could, in the coming days, result in the latest Nike ad featuring Deepika Padukone being taken off air for a few weeks? If you haven’t already seen it, watch the ad here.  Read on as I delve into Olympic related IP aspects, particularly a controversial Rule 40 of the Olympic…


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Trademark

Plain Packaging and Investor-State Disputes: Part II


  Picking up from my previous post, where I had examined Uruguay’s victory over Philip Morris in light of other successful plain packaging regulations; I now delve into the merits of the Philip Morris-Uruguay award, as well as examine the question of expropriation of trademark rights. For background reading on this issue, we have widely covered both International as well as Indian developments in plain packaging laws in the past. More specific to plain packaging in light of Investor State…


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Copyright Trademark

Mischief Managed(?): Bombay High Court upholds Plaintiff’s privilege to sue in its place of registered office sans cause of action


The Bombay High Court has decided in a recent judgment that the Supreme Court’s landmark decision on jurisdiction in IPRS v. Sanjay Dalia cannot be read in such a way as to curtail the plaintiff’s privilege to pursue a suit in the area where the plaintiff has its registered office. Justice Gautam Patel has observed that this rule is applicable even when the plaintiff has a subordinate office in the place where the defendant is carrying on business and where…


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Trademark

The Intricacies of an Innocent Curve


The Bombay High Court in Reliance Industries Ltd v Concord Enviro Systems Private Limited recently dismissed a trademark infringement suit filed by Reliance against Concord Enviro Systems. Read on for a complete analysis by Akshata Ankolekar, an associate at Solomon and Roy, Intellectual Property Services . FACTS The Plaintiff, the largest private sector corporation in India is the registered owner of’ ’ (hereinafter referred to as the ‘R Logo’) under various classes including Classes 7, 9 and 11. The Defendant…


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Trademark

The Big Mc-Mac Wars- I: EU General Court Brews the Perfect Coffee for McDonald’s


(This post has been co-authored by Pankhuri Agarwal. She has recently completed her LL.M. in IP law from the National University of Singapore)   Background In a ruling that potentially provides McDonald’s, the U.S. fast food giant, with the exclusive right in Europe Union (EU) over the use of trademarks ‘Mc’ and ‘Mac’ for food  and beverages, the EU General Court, in Future Enterprises Pte Ltd v. EUIPO & McDonald’s International Property Co. Ltd, has earlier this month held that…


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Trademark

Award of Punitive Damages by the Delhi High Court: No Method to the Madness


In the realm of trademark law, Indian courts, especially the Delhi High Court, have failed to articulate a set of coherent, uniform, intellectually defensible and legally tenable parameters for computing the amount of damages to be awarded to successful plaintiffs. To be sure, the problem is not one which is exclusively confined to trademark law. As Prashant has noted, the Delhi High Court’s jurisprudence on punitive damages in IP cases in general is founded upon a fallacious understanding of applicable…


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Trademark

Trademarking Tragedies: Of Brexit Beer and the Nirbhaya Bus


We bring to you an insightful guest post by Harshavardhan Ganesan where he examines the growing trend and relationship between trademark applications and tragedies. Harshavardhan Ganesan is currently an LLM student at the University of California, Berkeley where he is specializing in Intellectual Property Law. Trademarking Tragedies: Of Brexit Beer and the Nirbhaya Bus by Harshavardhan Ganesan While the recent political divorce of Britain and Europe was difficult to swallow for many both in Britain and elsewhere, an American Beer company, has…


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Trademark

Plain Packaging and Investor-State Disputes: Uruguay wins monumental victory against Philip Morris: Part I


On the 8th of July, Uruguay won (links to: the award, and a summary of the case) a hard-fought battle in the Investor-State Dispute Settlement (ISDS) proceeding brought by Philip Morris before the ICSID Tribunal. This is a decision of immense importance not only for Uruguay, but also for other countries that are currently considering plain packaging policies for tobacco products. The ICSID Tribunal upheld Uruguay’s regulations on public health and plain packaging, and even directed Philip Morris to pay…


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Drug Regulation Trademark

India contemplates WTO action over EU Trademark Law


A few years ago, a series of in-transit drug seizures led to an outcry in the developing world. We have posted about this several times here. New developments have brought this issue into light once again. A quick recap In 2008, 17 seizures of generic drugs took place in EU on grounds of patent infringement as per EC Regulation 1383/2003. These drugs were in transit to and from developing countries. In 2010, India and Brazil started proceedings against the EU…


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Trademark

The Sky’s the limit on trademark overreach


In this post, I focus on the practice of trademarking descriptive and common terms under the umbrella of ‘secondary meaning’, and how the overreach of such protection might have adverse consequences for the public domain. This week, No Man’s Sky, a highly anticipated video game settled a three-year long dispute with Sky UK Limited (formally British Sky Broadcasting), which gives them the right to use the word ‘Sky’ in their title. This is the first defeat in what seems to…


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