Category Archives: Trademark

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…


Read More »
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,…


Read More »
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…


Read More »
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…


Read More »
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…


Read More »
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…


Read More »
Trademark

Spicy IP Fellowship 2016: Goodwill Hunting- The Delhi High Court upholds LAVERA’s Trans-border Reputation, restrains MAC’s LAVERA


Last week we brought you Rahul Bajaj’s post on MAC Personal Care Private Limited & Anr. v Laverana GmbH and Co. Kg & Anr. on trans-border reputation in a passing off claim. This week we have a post by Ritvik Kulkarni on the same decision where he argues that though the courts may have in this case rightly restrained the Defendant from making dishonest use of an international mark, Indian courts have recently become lenient in protecting foreign marks which…


Read More »
Trademark

Spicy IP Fellowship 2016: MAC Personal Care Private Limited & Anr. V Laverana GmbH and Co. Kg & Anr.


In the first post of our fellowship series, Rahul Bajaj, our Spicy IP Fellowship applicant analyses a recent decision of a division bench of the Delhi High Court in MAC Personal Care Private Limited & Anr. v Laverana GmbH and Co. Kg & Anr. on trans-border reputation in a passing off claim. [Readers interested in finding out more details about our SpicyIP Fellowship applicant series can click here.] Since the Indian Supreme Court delivered its landmark decision in N.R. Dongre versus Whirlpool…


Read More »
Trademark

Full Bench Delhi HC: No prior permission from court to initiate rectification proceedings – Section 124


Section number ‘124’ seems to the most trending section number this month in India – from passionate debates over the highly controversial section 124A of the Indian Penal Code splashed all over the news, we have for our readers a slightly more tedious debate over section 124 of the Trade Marks Act, 1999. A full bench of the Delhi High Court in Data Infosys v. Infosys Technologies held that prior permission of the Court is not necessary under Section 124(1)(b)(ii) of…


Read More »
Copyright Others Overlaps in IP Patent Trademark

Freedom 251: Pull the other one (it’s got Bells on)! (Part II)


The first post in this series discussed the reasons the Freedom 251’s pricing was so significant, and discussed the factors that affect a smartphone’s price. This post discusses the controversies the Freedom 251 has found itself mired by, due to its supposed defiance of these factors. The most interesting controversies, of course, are the IP ones! The Curious Controversies First off, the device shown to the media reportedly has Adcom trademarks, concealed with white paint. A Hindustan Times review sports…


Read More »