Express Report
Nomination for Advocacy Council
NGO Connect Program

Associate Blogs

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


Blog image

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 ...

See More

WHY IS BRAND PROTECTION IMPORTANT?


Blog image

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 ...

See More

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


Blog image

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 ...

See More

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


Blog image

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 ...

See More

Why is SECTION 7 OF TRADEMARK ACT 1999 IMPORTANT:


Blog image

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 ...

See More

Monte Carlo sues Skoda for Trademark infringement


Blog image
Blog image

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 ...

See More

ADIDAS SUES ELEAGUE FOR TRADEMARK INFRINGEMENT


Blog image
Blog image

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 ...

See More

Burger King moves Delhi HC against King Burger


Blog image

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 ...

See More

Samsung & LG Sued by Haier


Blog image

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 ...

See More

NOKIA OFFERS FOR SALE ALMOST 6000 PATENTS


Blog image

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 ...

See More

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


Blog image

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 ...

    See More

ALEO CANDY IS A PATENTED CANDY


Blog image

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 ...

See More

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 ...

See More

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 ...

See More

Paramount Surgimed Limited vs Paramount Bed India Private


Blog image

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 ...

See More

PROVISIONS AND REMEDIES FOR UNFAIR TRADE PRACTICES IN CONSUMER LAW


Blog image

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 ...

See More

Remedies Available For Copyright Infringement in India


Blog image

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 ...

See More

Provisions in IPC against selling and manufacturing of counterfeit products


Blog image

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 ...

See More

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


Blog image

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 ...

    See More

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


Blog image

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.   
...

See More

Gulshan Khatri v. Google Inc. (Delhi HC) (20.03.2017)


Blog image

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 ...

    See More

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


Blog image

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. ...

    See More

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


Blog image

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 ...

    See More

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


Blog image

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 ...

See More

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.

error: