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TRADEMARK FIGHT OVER IRUTTUKADAI HALWA


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S. Syed Mohideen Vs. P. Sulochana Bai [2016 (66) PTC 1  (SC)]

A Halwa Shop from Tirunelveli in Tamil Nadu called 'Iruttu kadai Halwa' fought right till the Supreme Court to protect its brand.

Respondent registered owner of trademark 'Iruttukadai Halwa'. Appellant opened a shop in the name of 'Tirunelveli ...

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The Himalaya Drug Co. Vs. M/s S. B. L. Ltd.


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The Himalaya Drug Co. Vs. M/s S. B. L. Ltd.

[2013 (53) PTC 1 (Del.) (DB)]

Facts:

> The Appellant filed a suit against the Respondent for infringement of trade ,ark 'Liv-52' by use of the trade mark 'Liv-YT'

> The Ld. Single Judge dismissed the suit of the Appellants holding that the mark ' ...

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TEACHING, SUGGESTION, MOTIVATION APPROACH (TSM) and 'OBVIOUS TO TRY'


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Most commonly applied in USA, this test aims at preventing hindsight and requires an analysis of whether there must be a suggestion or teaching in the prior art that would motivate the inventor to combine elements shown in the prior art in order to find a patent obvious. If the prior art does not show such teaching or suggestion, then the patent is considered to have met ...

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BRIEFT NOTE: The Himalaya Drug Company Vs. M/s SBL Ltd.


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The Himalaya Drug Company Vs. M/s S. B. L. Ltd 

Citation: [2013 (53) PTC 1 (Del.) (DB)]

Facts:

> The Appellant filed a suit against the Respondent for infringement of trade mark 'Liv. 52' by use of the trademark 'Liv-T'.

> The Ld. Single Judge dismissed the suit of the Apellants holding t ...

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ARBITRATION FOR INTELLECTUAL PROPERTY DISPUTES


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Claims arising from an Intellectual Property licensing and other commercial transactions are essentially 'in personam' disputes - Nothing exists under Indian Law which ousts such disputes from arbitration. Arbitration can avoid parallel litigations and has inherent advantages in delaing with commercial disputes in respect of flexibility, confidentiality and final ...

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LIABILITY OF INTERMIDIARY


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Intermediaries are the means through which a lot of sellers exercise their right to freedom to carry-out any business. India has adopted legislations in order to limit intermediary liability. In the year 2008, an amendment was made to the Information Technology Act 2000. With this amendment India introduced a notice and takedown regime for limit ...

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DECISION ON TRADEMARK RENEWAL


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Last month, the Delhi High Court’s Division Bench delivered a rather interesting decisionon trademark renewals in the case of Epsilon Publishing House v. UOI & Ors. In September of last year, Epsilon (petiti ...

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NUZIVEEDU SEEDS LTD. VS. MONSANTO TECHNOLOGY LLC


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Case Titile: NUZIVEEDU SEEDS LTD. AND ORS. VS. MONSANTO TECHNOLOGY LLC & ORS.

Citation: 2018 SCC Online Del 8326

Brief Note:

  • Monsanto sold 50 seeds of a Bt. Cotton transgentic variety (Donor Seeds) for 50 Lakhs to Nuziveedu and its subsidiaries under licensing agreements. Nuziveedu and its subsidiaries used those Donor Seeds in t ...

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TRADEMARK CASE AGAINST KENZO


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Levi’s has sued a french fashion company ‘Kenzo’ for copying its red pocket tabs. Levi’s uses red pocket tabs on its jeans and denim jackets. Kenzo has in its latest collection used the same coloured tabs. A lawsuit for trademark infringement was filed on 6th April 2018, seeking permanent injunction against Kenzo for using red pocket tabs.

...

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Taj Mahal Hotel, Mumbai: First building to get Trademark


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In India, any work of architecture or work that possesses artistic character are eligible for copyright protection. The above mentioned eligibility is subject to an exception of fair use. Fair use means, if such architectural work is situated in a public place, then making or publishing of a painting, drawing or photograph of the work, as well as its inclusion in a cinem ...

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Interpretation to Section 124, Trademark Act 1999


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Section 124 of the Trademark Act 1999 deals with a provision regarding the stay of proceedings. The section has been quoted below;

 

124. Stay of proceedings where the validity of registration of the trade mark is questioned, etc.

 

  1. Where in any suit for infringement of a trade mark— ...

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Supreme Court of India: The fate of “Well Known Marks” in India


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Supreme Court gave its ruling on the subject of well known marks with regard to India through order dated 14.12.2017, in case titled as Toyota Jidosha Kabushiki Kaisha Vs. M/s Prius Auto Industries Ltd.

 

Facts:

In the above mentioned case, Toyota filed a preventive suit against the Defendants for using the trademark ‘Prius’ ...

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JUDGMENT ON TRADEMARK RENEWAL


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The recent Delhi High Court Judgment titled as M/s Epsilon Publishing House Pvt. Ltd. Vs. Union of India, decided by Hon’ble Justice Vibhu Bakhru, deals with Trademark renewal:

 

Brief background ‐

•  The petition challenges an order (hereinafter referred to as 'the impugned order') passed by the Registrar of T ...

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APPLICATION FOR TRADEMARK UNDER SECTION 18


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Section 18 of the Trademark Act of 1999 read as follows:

 

“18. Application for registration.—(1) Any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark. (2) A ...

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IPL vs. JPLT20


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Board of Control for Cricket in India (BCCI) filed a law suit in November, 2017 against Grace India Sports Pvt. Ltd. (GISPL), claiming that the later tried to start IPL like tournament for junior cricketers. BCCI alleged that the GISPL has named its cricket league ‘Junior Indian Premier League’ or ‘JIPL’. BCCI claimed that by using the mark &lsquo ...

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MOBILE GAME PROTECTION UNDER IPR


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HOW DOES TRADEMARK PROTECT:

Trademarks protect the goodwill and reputation associated with your company or video game as a brand. A trademark – any name or symbol indicative of a source of origin of a product or service – is arguably your most valuable business asset, and is perhaps also the most recognizable form of intellectual property.

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'Distinctiveness' under Section 9 of the Trademark Act, 1999:


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Section 9 of the Trademark Act, 1999 reads as follow:

9. Absolute grounds for refusal of registration.—(1) The trade marks— (a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person; (b) which consist ...

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Lawsuit against Spotify for $1.6 Million damages


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A lawsuit has been filed before United States District Court Central District of California, Western Division against Spotify by Wixen Music Publishing. Wixen Music Publishing represents artists like Tom Petty, Missy Elliot, Stevie Nicks and Neil Young. In the lawsuit the company claims that Spotify is using thousands of its songs without proper license. Lawsuit has been ...

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What does section 37 of Trade Mark Act 1999 state:


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Section 37, The Trade Mark Act, 1999 state as follow:

 

37. Power of registered proprietor to assign and give receipts.—The person for the time being entered in the register as proprietor of a trade mark shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any oth ...

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Christian Louboutin sues Delhi based shoe dealers for using 'RED SOLE'


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With order dated 12th December 2017, hon’ble Delhi High Court has awarded permanent injunction and damages for infringement of trademark red sole used in luxury footwear by a French designer Christian Louboutin. 

 

Christian Louboutin is a famous French Designer for women footwear. Red Sole is a signature design by him for high end sti ...

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COPYRIGHT SUIT AGAINST NETFLIX’S MOVIE ‘BURNING SANDS’


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A law suit was filed last week against Netflix Inc. producer of the film ‘Burning Sands’ for alleged copyright infringement. Netflix claimed that the suit had no locus standi and thus the suit must be dismissed.

 

Federal Judge in Pennsylvania refused to dismiss the law suit filed last week. He further issued summons against ...

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ARNAB GOSWAMI VS. TIMES NOW, A COPYRIGHT INFRINGEMENT SUIT


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The Times Now network has filed a copyright infringement case against its former employee Arnab Goswami and his new channel Republic TV. The suit is regarding the airing of The New Hour with Arnab on Republic TV. Arnab is also the Managing Director of the Channel.

 

Counsel appeared on behalf of Time Now, has stated before the hon’ble court ...

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Understanding Section 27 of Trademark Act, 1999


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Section 27 of the Trademark Act, 1999 reads as follows:

 

27. No action for infringement of unregistered trade mark.—(1) No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark.

(2) Nothing i ...

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COPYRIGHT INFRINGEMENT SUIT OVER ‘GONE GIRL’


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Leslie Weller, who belongs to Nevada, United States of America, has filled a federal lawsuit against Gillian Flynn, author of the book ‘Gone Girl’ and the creative team behind the film ‘Gone Girl’, claiming copyright infringement. Weller claims that the storyline of ‘Gone Girl’ is a copy of her screenplay which was introduced in the ye ...

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Case analysis: Daler Mehndi Entertainment Vs. Baby Gift House and Ors.


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Facts:

Daler Mehndi, the most famous pop star hailing from Punjab. He is immensely popular amongst Punjabi-pop music lovers. The appellant company was incorporated in 1996 to manage the artist’s escalating career. The plaintiff company had been assigned all the rights, titles and interests in the personality of the artist along with ...

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WHY IS BRAND PROTECTION IMPORTANT?


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Once a product is manufactured, it is launched in the market through an advertisement. Advertisement is a tool used by business houses to promote the products manufactured by them. Building a business is hard work, whether it is manufacturing or distributing or delivering, one relies upon the reputation to attract new customers and grow the business further.

&n ...

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Case Analysis: Yahoo! Inc. Vs. Akash Arora & Anr.


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Yahoo! Inc. Vs. Akash Arora & Anr. 

[1999 (19) PTC 201 (Del)]

Facts:

Plaintiff is the owner of the well known mark ‘Yahoo!’ and the domain name ‘yahoo.com'. Yahoo is the mark know and used all over the world. Defendant adopted the domain na ...

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Case analysis: Coca-Cola Co. Vs. Bisleri International Pvt. Ltd.


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Coca-Cola Co. Vs. Bisleri International Pvt. Ltd.

[Manu/DE/2698/2009]

 

Facts:

Bisleri International Pvt. Ltd (Defendant) is an Indian beverages company, best known for bottled water. It sold and assigned the trademark ‘MAAZA’ including  the right to formulate, intellec ...

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Why is SECTION 7 OF TRADEMARK ACT 1999 IMPORTANT:


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Section 7, Trademark Act, 1999 reads as follows:

Classification of goods and services.—(1) The Registrar shall classify goods and services, as far as may be, in accordance with the International classification of goods and services for the purposes of registration of trade marks. 

(2) A ...

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Monte Carlo sues Skoda for Trademark infringement


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Skoda this year for Diwali was planning to introduce a new edition for its Rapid Sedan, naming it the Skoda Rapid Monte Carlo. It was to be priced at Rs. 10.75 Lakhs approx. and was to be introduced in sporty colour scheme, with matte black alloy wheels, it would have surely been an eye catchy update for the Skoda Rapid.

 

India is house to a fas ...

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ADIDAS SUES ELEAGUE FOR TRADEMARK INFRINGEMENT


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Adidas has filed a trademark infringement suit against esports broadcasting company (Eleague). Eleague is a new concept of gaming where games like FIFA and Counter Strike - Go can be played in a League formate, wherein participants can participate along with their friends making one team and compete with other teams. 

 

Adidas is a famous sp ...

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Burger King moves Delhi HC against King Burger


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Burger King approached Delhi High Court for permanent injunction against King Burger, a restaurant in Mysore. Burger King filed a suit for permanent injunction to restrain the Mysore Restaurant from using the mark ‘King Burger’. Burger King was represented by Pravin Anand of Anand and Anand, who contended that the jurisdiction of the infringement suit should ...

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Samsung & LG Sued by Haier


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On 25th August, 2017, a lawsuit was filed against Samsung, LG and few other over their monopoly on patents related to the production of televisions with a New York Court, by a Chinese television manufacturer, Haier.

In court, Lawyers of Haier claim that Samsung & LG pay a patent licensing company named MPEG LA too much for royalties for patents required by ...

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NOKIA OFFERS FOR SALE ALMOST 6000 PATENTS


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On 25th August, 2017, Nokia Corporation has offered for sale more than 6000 Patents, which were developed by Alcatel-Lucent. Nokia acquired the same, when they acquired Alcatel-Lucent (for roughly $17 Billion). As per a transaction firm, Nokia will be selling the Patents through investor pool to venture backed startups.

This sale will help startups in the same ...

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UNDERSTANDING SECTION 2(1)(J) OF THE PATENT ACT, 1970


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Chapter I of the Patent Act, 1970 deals with the patentability of an invention, it helps Patent Office and Courts to determine whether an invention is worthy of a patent in India or not. Section 2(1) (j) of the Indian Patent Act, 1970 defines invention as “Invention means any new and  useful—

  1. Art, process, method or manner of manufactur ...

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ALEO CANDY IS A PATENTED CANDY


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On 7th August, 2017 a candy made out of Aloe Vera got was granted a patent by the patent office in India. Dr. MM Azam, inventor of this candy got a patent after almost 9 and half years of waiting. The patent was granted for 'preparation and method of processing of Aloe vera candy from Aloe vera plant.'

In an interview Dr. MM Azam said that "Aloe ge ...

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Understanding Section 3(d) of the Patent Act, 1970


Section 3(d) of the Patent Act, 1970 state that “…mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new p ...

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Apple v/s Nokia patent fight


Nokia’s 2nd quarter saw an unaccounted income of 2 Billion USD. Many questions were raised regarding the same. To which Nokia issued an official statement in Nokiamob.net, Nokia’s official website, in which they stated that the cash flow of 2 Billion USD was the settlement amount paid by Apple to Nokia for a patent infringement case which ...

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Paramount Surgimed Limited vs Paramount Bed India Private


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Facts: The defendant, a Japanese company, adopted the PARAMOUNT mark in 1987 for its business in hospital beds and holds registrations of the mark in other countries though not in India. Plaintiff is the registered proprietor of mark label PARAMOUNT under clause 10 (surgical, medical, dental etc.) as also in class 20 (furniture, mirrors, picture f ...

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PROVISIONS AND REMEDIES FOR UNFAIR TRADE PRACTICES IN CONSUMER LAW


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The most important aim of consumer law is to protect the interest of innocent consumers who have been wronged by the sellers in terms of quality, quantity, price etc. In India, Consumer Protection Act, 1986 was enacted to achieve this aim.

Who can file a complaint?

Under the Consumer Protection Act, consumer is defined under Section 2 ...

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Remedies Available For Copyright Infringement in India


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A copyright is a legal device that gives the creator of a literary, artistic, musical, or other creative work the sole right to publish and sell that work. Copyright owners have the right to control the reproduction of their work, including the right to receive payment for that reproduction. An author may grant or sell those rights to others, including publishers or reco ...

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Provisions in IPC against selling and manufacturing of counterfeit products


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Introduction:

The issues of counterfeiting and infringement have been increasing with a great pace since past few years and have attracted serious concerns of the law makers around the world towards themselves and if we take this to the Indian perspective for this there are relief provided in various statues such as The Copyright Act, 1957, The ...

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Bright Enterprises Private Ltd. & Anr. v. MJ Bizcraft LLP & Anr. (04.01.2017) (Delhi HC)


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FACTS 

  • The plaintiffs claimed that their MBD PRIVE and PRIVE was infringed by the defendants because they were using trademark ‘PRIVEE‘ which was deceptively similar to the plaintiff’s trademark. 
  • The plaintiffs were engaged in Hotel Business. The defendants ...

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Sunil Mittal v. Darzi on Call (19th April 2017) (Delhi HC)


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Facts

  • Mr. Sunil Mittal and Darzi India LLP were registered proprietors of the label/ trade name ‘THE DARZI’ under class 24 for their tailoring services/ draping and marketing of all kinds of textile goods. The artistic work of the label/trade name was also registered under the Copyrights Act, 1957.   
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Gulshan Khatri v. Google Inc. (Delhi HC) (20.03.2017)


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Facts:

  • The IN registry created by NIXI (National Internet Exchange of India) aims at improving internet services in India. Every domain name ending with .in has to be registered with IN registry.
  • At the beginning, the registry started with a sunrise period to enable the already existing trademark/ service mark holders to get ...

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People Interactive (India) Pvt. Ltd. v Vivek Pahwa & Ors. (14th Sept 2016) (Bombay HC)


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FACTS

  • The plaintiffs belong to the People Group of Companies which owns various trademarks, brands and well known websites.
  • One of such websites is www.shaadi.com and www.shadi.com. Both of these domain names are registered by the plaintiff.
  • The defendants were engaged in the use of website named ‘www. ...

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SEVEN TOWNS LTD & ANR v. M/S KIDDILAND & ANR (6th Sept 2016) (Delhi HC)


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FACTS

  • The plaintiff No.1, Seven Towns Ltd. is a company incorporated under the laws of England and is world renowned in connection with the manufacture and distribution of a wide range of leisure products inter alia including the world famous Rubik's Cube. 
  • Plaintiff No.1 is worldwide the owner of the trademarks RUBI ...

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Sanyo Electric Company vs. State 2011 (45) PTC 55 (Del.)


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ISSUE

Whether proviso to Section 115(4) of TM Act is applicable to search warrants issued by the Courts under Section 93 of Code of Criminal Procedure? (Whether the opinion of Registrar is required even when the search warrant is issued by the court u/s 93?)

OBSERVATION

The court started with the interpretat ...

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My Caring Brands

Brands and Fakes has aligned the capabilities of the service delivery eco system with the industry verticals, so that the Brands under various industry verticals and sub verticals are able to get services from expertise in their specific domains.

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