Category Archives: Trademark

Geographical Indication Trademark

SpicyIP:Himalaya in Troubled Waters.


Engaged in a Waterloo of sorts, the Tata Groups Mount Everest Mineral Water (MEMW) and Bisleri are wrangling over the usage of the trademark ‘Himalaya’.As the facts of the case go, MEMW the registered holder of the Trademark ‘Himalaya’ has obtained an interim injuction from the Delhi High Court restraining Bisleri from using its trademark in its packaging. In turn Bisleri has approached the IPAB in Chennai seeking a rectification of the Himlayan trademark on the grounds that the word…


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Copyright Trademark

SpicyIP Tidbit: The Scrabble squabble, now in court


Image via WikipediaA few days ago, an invite popped into my Facebook account. Not the sort that entices you to explore your darker side by turning vampiric, or that calls you to save the world by growing virtual plants. This one beckoned me towards a new version of that classic divertissement – this time by the folks who own the brand themselves – Scrabble. But I do not write this to tell you of my application collection. Some of you…


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Copyright Trademark

‘Sweat of the Brow’ may be of the Past: Reckeweg v. Adven Biotech


On July 1st, 2008, the Delhi High Court through Justice Ravindra Bhat delivered (once again) a fabulous judgment, clarifying the standard to be adopted by Courts in deciding grant of injunctions in trademark infringement and copyright subsistence in a work. Briefly, the facts of the case are as follows. The Plaintiff, Reckeweg, is a German based homeopathic company and claim to specialize in the ‘R-Series’ line manufactured globally by them and in sold in India since 1980. “The letter “R”…


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Trademark

‘Onida’ – A Brother’s Envy Owner’s Pride


The ET in an extremely detailed news item reports that the ‘Onida’ trademark may soon be the subject of an interesting legal battle between the Mirchandani brothers – Sonu Mirchandani & Gulu Mirchandani. Gulu had recently bought out Sonu’s holding in their company – Mirc Electronics – however Sonu is planning to launch a range of electronic products under the ‘Onida’ brand and through a company – Onida International in which Sonu has an 80% stake. Usually such buyouts involve…


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Trademark

SpicyIP:Trademark through the Taxmans Lens


IP acquisitions are becoming commonplace where companies are going a shopping for IP assets ;assets that could add synergy and diversity to existing product lines. Recent M&A forays by companies such as Biocon and Suven were largely driven by the IP acquisition rationale. Heightened awareness that IP can constitute a discrete asset class capable of creating value and opportunities for arbitrage is fast gaining ground.IP value and IP related cross border transactions has seen a dramatic recognition in recent years….


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Copyright Trademark

Indian Supreme Court on an "IP" Roll: "Scotch" Whisky Denied Protection While Music "Compulsory Licensing" Scope Expanded


As temperatures continue to soar in New Delhi, the Supreme Court of India hands down three IP decisions—and all within a span of a month. Leading one to paradoxically muse in this blisteringly hot month, “When it rains, it really pours!” All three decisions were penned by Justice Sinha, one of the finer Supreme Court judges on the bench today. Constitutional law scholars will remember his landmark judgment in a sex discrimination case, Anuj Garg v. Hotel Association of India….


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Trademark

SpicyIp Tidbits: The Big Bazar Battle


There’s a giant tussle on show in India over a small trademark. Mint gives us the lowdown on what looks like it might be a prolonged battle between Kishore Biyani of Pantaloon Retail and Anil Ambani of Reliance ADAG : and all this over the mark ‘Big Bazar.’ An overview: Reliance ADAG applied for the trademark in November 2006, and claims no exclusive right to ‘Big Bazar’, but has registered for ‘Reliance Big Bazar’ as its preferred tag. Ambani’s conglomerate…


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Trademark

IP controversy with the Sensex?!


In November 2007 SpicyIP had covered the attempts of the Bombay Stock Exchange to acquire trademark protection for the term “Sensex” the abbreviation for Bombay Sensitive Index. The BSE had applied for registration of trademarks under Class 36, 35, 41 of the Trade Marks Act 1999. As of November 7, 2007 Sugata Ghosh & N Shatrujeet of the Economic Times had come to the following conclusions explaining the sudden move towards IP protection: 1. Following standard practices as most corporates…


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Trademark

The story of the bribe-taker in the Trademark office


How often have you heard stories of hundred-rupee notes surreptitiously slipped into the inside flap of the folder slid across the table to that greasy-palmed government official in that dank office? And you have, no doubt, wondered if you will ever live to see the system change… For those of you who read the city pages of your daily newspaper carefully enough, will recall those three-centimeter, one column, stories of our investigative agency’s hunts, of many a guilty sarkari serpent,…


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Trademark

SPicyIP: Vodka Woes


To add some intelligent babble to your vodka evenings, the trademark tussle that has erupted between the vodka barons Bacardi and Radico Khaitan may make for some interesting conversation at your social sundowners. Indian Vodka enthusiasts long dependant on illicit Vodka imports from the Russian mafia are now spoilt for choice….. Radico Khaitan ‘Magic Moments’ (Get Buzzed Moments or Maabo Moments sounds better for a brand of Vodka I guess) and Grey Goose from the house of Bacardi all promise…


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