Category Archives: Trademark

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 »
Copyright Others Patent Trademark

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


This two-post series focuses on Ringing Bells’ newly launched smartphone, Freedom 251, which has been creating waves recently. The phone was launched at a price of Rs. 251, and the company claims that the first device will be delivered by June 30th. Ringing Bells’ incredible claim has been rife with controversy and doubt. The first post discusses the significance of Freedom 251’s price and the factors involved in smartphone prices, while the second post discusses the problems with Freedom 251’s…


Read More »
Trademark

Smoking Monkeys, Roasted Hornbill and Indian Trademark Law


What’s the connection, you might ask? Well, you’d have to dip into a rather profound parliamentary conversation that preceded the passage of the 1999 Trademarks Act (the one that brought in the IPAB)..to get to the root of this mystery! Here goes: Title: Discussion on the Trade Marks Bill, 1999 (16:12 hrs). Mr Chairman: Hon. Minister, Shri Murasoli Maran may move the Trade Marks Bill for consideration. Time allotted is 2 hours. THE MINISTER OF COMMERCE AND INDUSTRY (SHRI MURASOLI…


Read More »
Copyright Patent Trademark

Specialised Courts (III): Commercialising the High Courts?


This is the third part of our series on specialised courts. The first one captured the sentiments of two judicial heavyweights, one from 50 years ago (J. Rifkind), and another more recent (J. Wood). The second post highlighted our worrisome woes with the IPAB! As for the other specialised IP tribunal in India (the copyright board), the less said the better! What now? Assuming the IPAB is not desirable (at least given the current context and constraints), do we do…


Read More »
Patent Trademark

Specialised IP Courts (Part II): Interrogating the IPAB


Specialised courts are contentious creatures! The ICTSD is soon coming up with a series of papers on this and I’m doing the Indian section on this for them. I thought it timely to therefore put out some thoughts on these issues (If you’re interested in reviewing a draft version of the paper, let me know and I can email to you). So here goes: Specialised courts are often touted as offering numerous advantages over regular courts, including speedier dispute resolution,…


Read More »
Trademark

Procedures and Spice – Jagatjit Industries v. IPAB and Ors.


A majority of the case load of the Indian courts is, probably, made up of procedural cases, and most of these tend to be relatively straightforward. Yet, there are some cases that are heavily procedural and also simply ‘spicy’! The case at hand, Jagatjit Industries Ltd. v. the Intellectual Property Appellate Board and Ors., is one such case. The central issues in this case revolve around Form TM-44, the powers of the Registrar of Trademarks, and S. 125 of the Trademarks…


Read More »
Patent Trademark

Accessing Ayyangar Openly: SpicyIP Teams with EBC


Open access lies at the heart of SpicyIP’s mission to democratize the discussion around intellectual property rights. Fortunately for us, we’ve been blessed with some wonderful partners in the past. One that stands out is Eastern Book Company Pvt Ltd (EBC), a leading legal publishing house. First, they agreed (upon our request) to create a savvy searchable digital duplicate of the Ayyangar Committee Report on Patents. We uploaded it on our SpicyIP resources page, and here is the precise link for those interested…


Read More »