Category Archives: Trademark

Patent Trademark

Crowning Glory at the IPAB: Singh will be King?


As some of you know, the IPAB has been without a chairman these past two weeks, ever since Justice Basha attained super-annuation in mid May. The Times of India reports: “Patent and trademark disputes pending for years before the Intellectual Property Appellate Board (IPAB) will suffer some more delay, as the national body has now been reduced to a headless and a one-member institution. Its chairman Justice K N Basha attained superannuation on May 13, and the lone technical member…


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Trademark

Blue Frog v Blu Frog: Piggybacking on Reputation


We bring to you a tidbit that will interest regular visitors of the Blue Frog restaurant in Mumbai. The Bombay High Court recently passed an interim order in Frog Company Pvt. Ltd v. Blu Frog Kitchen & Lounge restraining a little known Belgaum based restaurant named “Blu Frog” from infringing on the trademark of the well known Mumbai restaurant, “Blue Frog”. Interestingly despite the order, Blu Frog’s Facebook page continues to be active. Justice Patel while ruling in favour of…


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Trademark

Delhi HC’s Split Views on the Apple Trade Mark Issue


In this post, Prateek Surisetti, our SpicyIP-Fellowship applicant, examines the “splitview” trademark case before the Delhi High Court. [Editor’s note: A typo in the heading of one of the arguments which had earlier altered the meaning of that argument has now been corrected] Delhi HC’s Split Views on the Apple Trade Mark Issue by Prateek Surisetti On March 1st, a single judge passed an order restraining Apple from using the word “SplitView” on account of alleged passing off claims from a…


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Trademark

Interplay between S. 29(4) and 29(5) of the TM Act : Smile at the Perils Past?


We have for our readers an insightful post by Jasneet Kaur on the interplay between Section 29(4) and Section 29(5) of the Trade Marks Act, 1999 in light of the diverenging views taken in the cases of Cipla Limited v. Cipla Industries Pvt. Ltd. & Anr. (2016) and Raymond Limited v. Raymond Pharmaceuticals Private Limited (2010), ultimately leading to a referral to a larger bench. Jasneet is an independent legal practitioner with extensive experience in trade mark law, having worked with the IPR divisions…


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Copyright Trademark

The Dead Wear Gucci


If you think material possessions are transitory, you maybe wrong, you can now own your favorite designer products in this world and the next. This interesting news article on Gucci has been doing the rounds recently. We made a passing reference to it on our weekly review as well. Gucci recently clamped down on Chinese shops selling paper versions of their products as offerings for the dead. As per Chinese tradition, relatives can appease the dead by offering items that…


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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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