Category: Trademark Litigation

Khurana & Khurana Opens Jalandhar (Punjab) Office

Upon successful practicing in the area of Intellectual Property (IP) and Commercial Litigation over the decade, Khurana & Khurana, Advocates and IP Attorneys together with its IP Asset Management Practice, IIPRD, feels immense pleasure to announce the recent opening of its 8th branch in Jalandhar. With years of helping corporates identify, create, protect, promote and … Continue reading Khurana & Khurana Opens Jalandhar (Punjab) Office

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SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

The concept of trade dress, although closely associated with trademarks is not explicitly recognized in Indian legislations unlike its U.S.A. counterpart. In Indian context, upon looking closely at the definitions of “mark” and “package” under S. 2 of the Trade Marks Act, 1999 we see that the trade dresses are also protected. To define it, … Continue reading SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

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Movie Titles and their Protection in India

Ms. Shreya Shrivastava, an intern at Khurana & Khurana, Advocates and IP Attorneys looks into the aspect of protection of Movie titles in India along with the parameters to avail the same. “What’s in a name? That which we call a rose by any other name would smell as sweet.” Turns out this quote by … Continue reading Movie Titles and their Protection in India

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Jurisdiction for Trademark and Copyright Suits after Bombay High Court’s Decision

It’s really not settling down when it comes to jurisdiction of infringement of trademarks and copyrights. In INDIAN PERFORMING RIGHTS SOCIETY LTD. Versus. SANJAY DALIA AND ORS: (2015) 10 SCC 161 decided on July 01, 2015, Hon’ble Supreme Court (SC) dealt with the extent to which section 62 of the Copyright Act,1957 and section 134 … Continue reading Jurisdiction for Trademark and Copyright Suits after Bombay High Court’s Decision

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Denial of Injunction on the grounds of Acquiescence and Delay by Plaintiffs: SRF Foundation v. Ram Education Society

Devina Choubal, an intern at Khurana & Khurana looks into grounds of denial of injunction by analyzing the recent case of SRF Foundation v. Ram Education Society. FACTS: ‘SRF Foundation’ plaintiff no.1 is a registered non-profit society engaged in several social and community work including running schools such as “The Shri Ram School”. The name/mark … Continue reading Denial of Injunction on the grounds of Acquiescence and Delay by Plaintiffs: SRF Foundation v. Ram Education Society

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Criticism Sites using Confusingly Similar or Identical Domain Names

Medhavi Singh, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks into a trademark litigation relating to criticism sites using confusingly similar or identical domain names. Cybersquatting is the buzz word in the arena of domain name disputes and various.IN Domain Name Dispute Resolution Policy (INDRP) and Uniform Domain Name Dispute Resolution Policy (UDRP) … Continue reading Criticism Sites using Confusingly Similar or Identical Domain Names

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Win.rar wins over the Disputed Domain Name winrar.com under UDRP Proceedings: win.rar GmbH v. Win Road Assistance Repairs Pvt. Ltd

Recently, granting a major victory to our client, the World Renowned Data Compression Software System provider win.rar GmbH, Administrative Panel, WIPO under UDRP, in its recent decision vide Case no. D2015-0398, issued transfer of disputed domain name www.winrar.com  to win.rar GmbH. This article is to highlight the recent UDRP dispute wherein the Complaint was re-filed … Continue reading Win.rar wins over the Disputed Domain Name winrar.com under UDRP Proceedings: win.rar GmbH v. Win Road Assistance Repairs Pvt. Ltd

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Delhi High Court Stays Order Restraining Lupin From Using Disputed Trademark ‘LUCYNTA’

Reportedly, Hon’ble Delhi High Court stayed an earlier order, dated 26 February, restraining Lupin from using the trademark “LUCYNTA” for its medicines, said to be deceptively similar to the trademark “NUCYNTA” of Johnson and Johnson. It was argued on behalf of Lupin that Johnson and Johnson are neither selling any goods under the mark nor … Continue reading Delhi High Court Stays Order Restraining Lupin From Using Disputed Trademark ‘LUCYNTA’

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High Court grants injunction against Haricharan Singh from using Trade mark/Trade Dress similar to Trade Dress/Trade Mark “John Deere”

Recently, Delhi High Court passed an interim injunction against Harcharan singh & Anr from using any trademark/ trade dress similar to the trade mark “John Deere”. The plaintiffs Deere group commonly known as John Deere have filed suit for permanent injunction for restraining infringement, dilution of trade marks, passing off trade dress, unfair competition, rendition … Continue reading High Court grants injunction against Haricharan Singh from using Trade mark/Trade Dress similar to Trade Dress/Trade Mark “John Deere”

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Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

This article is relates to a recent judgment of Intellectual Property Appellate Board (hereinafter IPAB) dated 4th December 2014 in the case “E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors.” Brief Facts: On 11th March, 2009 the trademark registry refused the opposition of the E.I.DU Pont De Nemours & Company (appellant herein) and … Continue reading Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

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