Category Archives: Trademark

Trademark

Choco Wars: The Trademark Menace – Part II


This is the second part of Prateek’s two part post on whether colours can be trademarked. In Part I, I had written about the problems of allowing trade marks of colours in the abstract (multiple formulations). In Part II, I am going to be writing about the concerns with allowing trade marking of colours in general. In an earlier piece on the blog, on the overruled UK High Court judgment in the Cadbury case, Ms. Basu rhetorically questioned if there was any…


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Trademark

Choco Wars: The Trademark Menace- Part I


In this two part blog post Prateek Surisetti, our Spicy IP Fellowship applicant, discusses whether  companies can trademark colours. In this two part post, I will discuss the problems with allowing companies to trademark colours with very wide limits of usage through an analysis of one of the legal battles fought between the two chocolate heavy weights: Nestle and Cadbury. Essentially, Cadbury wished to register a trademark for the colour Pantone2685C (Dairy Milk’s Purple), but Nestle opposed it. Finally in 2013, after 10…


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Trademark

Gufic Private Limited and Anr. Versus Vasu Healthcare Limited


In this post Rahul Bajaj, discusses the recent judgment in Gufic Private Limited and Anr. Versus Vasu Healthcare Limited . There are few greater joys in the life of an IP enthusiast than reading an eloquent, nuanced and pithy judgment of Justice Gautam Patel of the Bombay High Court. His recent judgment in the case of Gufic Private Limited and Anr. Versus Vasu Healthcare Limited (Notice of Motion No. 399 of 2013 in Suit No. 164 of 2013 decided on…


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Trademark

Win-Medicare Private Limited v. Galpha Laboratories Limited


In this post, our Spicy IP Fellowship applicant Vasundhara Majithia analyses the recent decision in Win-Medicare Private Limited v. Galpha Laboratories Limited . It is a well-accepted proposition that passing off causes injury to both the genuine manufacturer as well as the consumer. In cases of passing off, courts usually apply the test of ‘average man of ordinary intelligence’ to adjudge the overall similarity of the products. However, unlike other goods, confusion or deception in the pharmaceutical industry can have…


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Trademark

Delhi HC stays abandonment of TM applications [Tidbit]


Earlier this week, we’d carried a guest post by Ameet Datta which chronicled an inexplicable decision by the Trade Marks Registry to deem applications as abandoned on the ground of non-response to examination reports. On April 4, the Controller General of Patents, Designs and Trademarks issued a notice on the official website. In pertinent part, the notice states: “Some complaints have been received claiming that some of the applications have been treated as abandoned even though the reply on behalf…


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Copyright Trademark

Giving Due Protection To Fictional Characters: The Possibility of ‘Copymark’


Our Spicy IP fellowship applicant Inika, brings us an interesting post on protecting fictional characters through copyright and trademark law.  This is Inika’s third submission for the fellowship. Fictional characters are born of larger creations, whether they come from literary, artistic or cinematographic works. It is unfortunate that copyright, or trademark law do not make allowances of special protection for these characters that, more often than not, supersede their original works to be known independently. Prominent examples include Superman, Sherlock…


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Trademark

The Night of the Long Knives at the Indian Trade Mark Office


Ameet Datta, Partner at the IP firm Saikrishna & Associates, brings us a guest post on an alarming move from the Trade Mark Registry to deem lakhs of applications as abandoned in a single go.  In an inexplicable move that will potentially have a devastating effect on thousands of trade mark owners and applicants and lakhs of trade marks, the Trade Marks Registry in India has deemed (if the reports are correct) about 5,00,000 Trade Mark applications as “abandoned”. This…


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Trademark

Spicy IP Fellowship 2016-17: Cartier International Ag vs. Gaurav Bhatia


In this post our Spicy IP Fellowship applicant, Vasundhara Majithia, analyses the recent decision of the Delhi High Court in Cartier International Ag vs. Gaurav Bhatia. This is Vasundhara’s second submission for the fellowship. Counterfeited goods can become a nightmare across all industries; however, the fashion and lifestyle industry is affected most by such practices. With the advent of the internet, this problem is even harder to tackle. The growing market for counterfeits is fed by high consumer demand for…


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Copyright Trademark

Piccadily Agro Industries v. Ashok Narwal : Delhi High Court on Cause of Action in Passing Off Claims


This week Rahul Bajaj, our first Spicy IP fellow for this year, analyses the recent Delhi High Court judgment in Piccadily Agro Industries Ltd. v. Ashok Narwal and Anr. As we’ve noted on this blog before, the precise meaning and import of the explanation to Section  20 of the Civil Procedure Code (“Code”) has been a hotly contested issue in courts across the country. Section 20 of the Code, as our readers would know, inter alia, empowers the Plaintiff to…


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Trademark

Essel Propack v. Essel Kitchenware (Bombay HC): Wilful delay in taking action against trademark infringement may amount to acquiescence


 As the law stands, delay on part of the defendant, attempting to dislodge a suit for infringement, and systemic delays inherent in the judicial system, cannot be used against a plaintiff who is entitled to interim relief. Provisions of the Civil Procedure Code, 1908 such as Section 9A as well as section 124 of the Trade Marks Act, 1999, embody this principle. An interim injunction can therefore be granted despite the existence of an application challenging jurisdiction or an application for…


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