Comparative Advertising Trademark

Real Icecream, Real Disparagement: Bombay HC Shuts Down Amul’s Advertisements (Part II)


[In Part I of this post, I had laid out the facts of the case and studied the viability of the claim of generic disparagement under law. I had also looked into one of the primary issues of this case – whether frozen desserts all contain “vanaspati/vanaspati tel.”] One of the contentions raised by Amul was that this was a case of comparative advertisement, which permitted puffery of its products. (Our posts on this subject can be accessed here.) I…


Read More »
Comparative Advertising Trademark

Real Icecream, Real Disparagement: Bombay HC Shuts Down Amul’s Advertisements (Part I)


Earlier this year, Amul found itself strapped in legal trouble when Hindustan Unilever Limited (HUL) sued them for disparagement. At the root of the dispute, were two advertisements comparing Amul’s “icecreams” to other “frozen desserts” – claiming that the former uses “real milk” while the latter does not. We had covered this over here, when the issue first hit headlines. Last month, a single judge bench of the Bombay High Court passed a comprehensive judgment on the matter (Suit (L)…


Read More »
Others

SpicyIP Weekly Review (June 25- July 1)


This week’s topical highlights were brought to us by Sreyoshi and Shamnad Sir through their posts on the Exide Trademark dispute and on Tribunal Appointments, respectively. Sreyoshi, in her piece, analyses the settlement between Exide Industries (Exide India) and Exide technologies (Exide USA) which concluded a two decade long legal battle instituted by Exide India citing trademark infringement and passing off  by Exide USA. The battle can be traced back to 2012, when the Delhi High Court decided in favor…


Read More »
Trademark

Matal v Tam and the Question of Free Speech and Trademarks – Part I


The Supreme Court of the United States, in a unanimous (8-0) decision in Matal v. Tam (582 US ___ (2017)) delivered on June 19, affirmed a federal court’s decision holding that US Trademark law’s restriction on registration of disparaging marks violates the First Amendment to the Constitution of the US, which provides protection against laws abridging the freedom of speech. In this post, I discuss the findings in Matal, and analyse the possible implications which the judgement may have for…


Read More »
Copyright Overlaps in IP Trademark

Taj Mahal Palace Hotel First Building to Receive Trademark in India


On 19th June, Indian Hotels Company Limited (IHCL) obtained a trademark for the Taj Mahal Palace Hotel, giving it the unique advantage of being the first building to receive a trademark in India.  While news reports refer to this as an “image mark”, it is the first time (please correct me if I’m wrong) that this term has been used in India. Rajendra Misra, Senior Vice President-General Counsel of IHCL explained the rationale behind this move – “One look at…


Read More »
Others

SpicyIP Jobs: Lawyers Specializing in IP Litigation at S. Majumdar & Co., New Delhi


We are happy to inform you that the New Delhi office of S. Majumdar & Co. is immediately looking for lawyers specialising in IP litigation. For further details, please see the job description below: Responsibilities The candidate must be competent to draft all kinds of pleadings and appear in Courts, brief Senior Counsels and assist them during the hearings. Desired Joining Date Immediate, by 1st of July, 2017. Desired Qualification & Experience LL.B. degree and/or LL.M. Minimum 5 years of experience…


Read More »
Events

SpicyIP Events: 6th Annual IP Teaching/Research Workshop, 2017; Registration Closes Tomorrow


We are pleased to remind our readers that the Centre for Innovation, Intellectual Property and Competition (CIIPC), National Law University, Delhi and Centre for Intellectual Property Rights & Advocacy (CIPRA), National Law School of India University, Bangalore are organising the 6th Annual IP Teaching/Research Workshop, 2017 on July 2-3, 2017 in Bangalore.  Interested law students, practitioners or faculty members must send in their request to attend the workshop by June 29, 2017 (tomorrow) to [email protected] Late entries will not be accepted. For further details, please…


Read More »
Copyright Patent Trademark

Breaking News: Madras High Court Cautions Government Against Tribunal Appointments!


In a major development today, the Madras High Court firmly ruled that all appointments to the 19 odd tribunals (under the purview of the impugned Finance Act and Rules) would be subject to the final order in the writ petition filed by the Madras Bar Association (MBA). The bench comprised Justice Indira Banerjee (Chief Justice of the Madras High Court) and Justice Bhavani Subbarayan (for whom incidentally, this was the very first day in court: what an auspicious start!). While…


Read More »
Events

SpicyIP Events: CIIPC’s Second Annual Roundtable on Innovation, Intellectual Property and Competition


  We are pleased to announce that the Centre for Innovation, Intellectual Property and Competition (CIIPC), National Law University, Delhi is organising the 2nd Annual Roundtable on Innovation, Intellectual Property and Competition on July 1-2, 2017 at Taj Westend in Bangalore. For further details, please read their post below:   Second Annual Roundtable on Innovation, Intellectual Property and Competition (1st– 2nd July, 2017) Taj Westend, Bangalore About the Roundtable: The CIIPC conducts the Annual Roundtable on Innovation, Intellectual Property and Competition to offer…


Read More »
Copyright Innovation Overlaps in IP

Open/Secret – Assessing India’s Commitment to Open Data


Image from here   The ‘Digital India’ slogan has not been enough to pull the government out of its digital data doldrums. India’s rank in the Global Open Data Index, which ranks countries on openness across various sets of government data, dropped 15 places to No. 32 between 2015 and 2016. While some gains have been made in the implementation of the data.gov.in portal under the National Data Sharing and Accessibility Policy (“NDSAP”), these are fledgling in relation to the…


Read More »