Category Archives: Trademark

Trademark

SpicyIP Tidbits: Harpic vs Domex: an Indian Water-Loo


Another pair of FMCG majors in India have gone to the mattresses in yet another comparative ad case (there seem to have been a spate of these of late). Reckitt & Benckiser India (R&B) has moved the Delhi High Court seeking restraint on a Domex – Hindustan Unilever (HUL) ad that has allegedly brought discredit to its own brand Harpic. The court has reserved judgement on the matter. An agency article on this case can be found in BS which…


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Trademark

SpicyIP Tidbits: SC refuses to grant Ranbaxy relief in comparative ad case


The Supreme Court refused to stay a Gujarat High Court decision restraining Ranbaxy from airing its controversial ads directed against Paras Pharma’s ‘Moov’ brand. BS has picked up an agency report on this here. The Supreme Court today refused to give any relief to pharma major Ranbaxy Laboratories that is seeking permission to air its advertisement which allegedly disparaged “Moov”, the pain reliever brand belonging to its rival group Paras Pharmaceuticals. The Gujarat High Court, while allowing Ahmedabad-based Paras’ appeal,…


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Copyright Innovation Trademark

Scramble for Scrabulous: pricing it right


Some weeks ago, we had reported on the Indian-owned gaming website Scrabulous and infringement allegations by Hasbro, the rights-holders of the legendary board game Scrabble. Imminent closure of the site was predicted, and mourned in advance with much fanfare. There were hints at a possible buyout by Electronic Arts (EA), which owns the online rights for the board game, but nothing was verified. Reports now suggest that rumours of the death of Scrabulous might indeed be exaggerated, and that not…


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Trademark

SpicyIP Tidbits: Times Group loses domain name dispute


In a super-quick typosquatting dispute decision, the Times of Money, the online remittance subsidiary of Indian media conglomerate Times Group, has been directed to transfer its two domain names, remit2home.com and remit2home1.com, to remithome Corporation, a U.S. to Philippines online remittance service based in Oakland, California (www.remithome.com), according to this report. The decision came from the US National Arbitration Forum, designated to deal with domain name disputes by the Internet Corporation for Assigned Names and Numbers (ICANN). It ruled on…


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Trademark

The .Asia domain launched under a ‘sunrise policy’


The DotAsia Organization, an umbrella organization of various national top-level domain registries around Asia (including .IN in India), has launched the global “.Asia” Internet domain for the Asia region under a sunrise policy which gives a preference to trademark owners and celebrities. (Press release available here) Most domain name launches are a nightmare for trademark owners and celebrities since it means protecting their trademark and identity in yet another jurisdiction. More troubling for them however is the fact that most…


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Trademark

SpicyIP Tidbits: Wedding Bells ring victorious!


Recently Bharatmatrimony.com discovered the website ‘Bharathmatrimony.net” which promoted itself as India’s No. 1 Matrimony website. They have successfully proceeded against the infringing website for the domain name as well as the trademark. Enthused by this victory, the portal now plans to proceed against other infringers to protect the interests of the Company. The full report can be found here.


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Trademark

SpicyIP Tidbit: ‘Sugar free’ hassles


Cadila HealthCare has filed a suit against Dabur India for the use of its trademark “Sugar Free” in the marketing of Dabur’s Sugar Free Chyawanprakash and has sought damages to the tune of Rs. 25 lakh. Justice Ahmed at Delhi, has issued a notice to Dabur on Cadila’s suit to restrain the former from using the ‘Sugar Free’ trademark or any other mark that could seek to deceive or confuse the public as under Section 9 (2) (a) of the…


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Trademark

Spicy News: UK Trademark Office Invalidates "MASALA"


Ilanah Simon, who teaches at UCL, London and is one of the bloggers at the internationally renowned IPKat blog brings us this extremely spicy news: ” The word mark MASALA was invalidated by Mr Hearing Officer Foley. He found that the sign, a constituent verbal component of various Indian spice mixtures, was both descriptive and customary in the trade for“cooked vegetables” in the Class 29 specification, “preparations made from cereals” in the Class 30 specification, and “foodstuffs comprising or made…


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Trademark

Tiger Trademark dispute comes to a head


The trademark dispute between Britannia Industries and French dairy and beverages giant, Groupe Danone is reaching a crucial stage as the matter is expected to come up in Court in Singapore early next week. The parties have the option of reaching a settlement at a pre-trial conference or going in for a full trial. The conflict is around the attempts of Danone [which holds a 25.5 per cent indirect stake in Britannia through a holding company Associated Biscuits International Holdings…


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Trademark

ITC tastes victory in US Bukhara case


The New York Court of Appeals recently adjudicated on in favour of ITC Ltd relating to foreign trademarks and common law unfair competition claims. Overall, it is reassuring for foreign companies to know that they may be able to protect well-known trademarks in the US, even without registration or actual use there. A brief roundup of the facts: ITC opened two branches of its near legendary Delhi restaurant Bukhara (rated the best in Asia, and among the best in the…


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