Category Archives: Trademark

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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Copyright Innovation Patent Trademark

Spicy IP Fellowship 2016-17: enGENDERing (a) Neutral IP Regime: Some Reflections


Our Spicy IP Fellowship applicant, Balu Nair, sent us this piece below for Women’s Day a couple of weeks ago. This is his first submission for the fellowship. This piece titled Women on Top: How these women showed India the way in filing patents in global technology published at Your Story, on the occasion of Women’s Day highlights the achievements of women patentees from India. At the same time, it paints a grim picture of the dismally low number of…


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Others Trademark

TMR Delhi: Notice on mediation/conciliation for pending opposition/rectifications


“The notion that ordinary people want black-robed judges and well dressed lawyers and fine courtrooms as settings to resolve their disputes is not correct. People with problems, like people with pains, want relief, and they want it as quickly and inexpensively as possible.” (J. Warren Burger) The situation at the five Trade Mark Registries appears to be far from ensuring speedy and effective relief to trademark applicants/opponents/registrants. As of 2012, as detailed by Prashant Reddy in his blog post here,…


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Trademark

Delhi HC clarifies the scope of “person aggrieved” under Section 47 of the Trade Marks Act, 1999


In the present case, a writ petition had been filed by Adidas before the Delhi High Court, challenging the ex-parte order issued by the Intellectual Property Appellate Board’s (IPAB) dismissing the rectification application filed by Adidas under Section 47 for the removal of the ‘RESPONSE’ mark registered by the respondent. Adidas’ RESPONSE mark has been in use in respect of footwear and apparel across various countries, and has been registered as a trademark in USA and Germany under Class 25. It appears…


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Trademark

Houzz versus Houzify- A Case of Execution Without Trial?


In this post Rahul Bajaj, our first SpicyIP Fellow for this year analyses the recent tussle between Houzz and Houzify over use of their trademarks. Barely a month after Facebook decided to pull the plug on its Free Basics initiative, a recent case of the social media giant acting as a trademark cop has reinforced the need for internet gatekeepers to act in a transparent and non discriminatory manner. Facebook recently deactivated the social media page of a Bangalore-based home…


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Trademark

Spicy IP Fellowship 2016-17: Rejoinder to Ritvik’s post on Mac Personal Care v. Laverana


Over the last couple of weeks we brought you Rahul Bajaj and Ritvik’s analysis of the decision in Mac Personal Care Pvt. Ltd. and Anr. versus Laverana GMBH and Co. KG and Anr. Ritvik had argued here that Indian courts have recently become lenient in protecting foreign marks which are not being used in India. In this post Rahul Bajaj, our first Spicy IP fellow for this year offers a rejoinder to Ritvik’s analysis. Last week, I analyzed the Delhi…


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Trademark

Spicy IP Fellowship 2016-17: Devagiri Farms v. Sanjay Kapur


In this post Rahul Bajaj analyses the recent decision of the Delhi High Court in Devagiri Farms vs. Sanjay Kapur in relation to “trade dress” infringement. This is Rahul’s fourth submission for the fellowship. Even though Indian courts used to frown upon the possibility of affording protection to the unconventional features of products comprising the trade dress before the 1999 Trademark Act came into force, the widely worded definitions of ‘mark’ and ‘trademark’ in the enactment, coupled with the emergence…


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