Category: Trademark Litigation

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

This article is related to a recent judgment of the 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 … 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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Emcure’s Notice of Motion succeeds against Corona Remedies: Bombay High Court

In the recent decision of the Bombay High Court in the case of Emcure Pharmaceuticals v Corona Remedies, the Hon’ble court decided on the issue of deceptive similarity, acquiescence, and balance of Convenience in favor of Emcure Pharmaceuticals. Facts of the case: The plaintiff’s trademarks ‘OROFER’ and ‘OROFER XT’ are registered as word marks since … Continue reading Emcure’s Notice of Motion succeeds against Corona Remedies: Bombay High Court

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Odisha Court Admitted Case Against Aamir Khan Production’s Proposed ‘Satyamev Jayate’ Use as Trademark

As per the sources, the court in the Odisha capital, Bhuvaneshwar has admitted a petition challenging Aamir Khan Production’s plans to use ‘Satyamev Jayate’, the national motto of India, as a business brand under which it is proposed to sell everything from kitchen utensils to footwear. A city-based journalist and social activist, Dr. Subash Mohapatra … Continue reading Odisha Court Admitted Case Against Aamir Khan Production’s Proposed ‘Satyamev Jayate’ Use as Trademark

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PRINCIPLES OF ‘PRIOR ADOPTION AND USE’ VIS A VIS TRANSBORDER REPUTATION: JONES INVESTMENT CO V. VISHNUPRIYA HOSIERY MILLS

In the recent decision of the Intellectual Property Appellate Board (IPAB) in the case of Jones Investment Co v. Vishnupriya Hosiery Mills, it was held that a multinational company cannot claim infringement of trademark by a local Indian company purely based on international presence unless they can expressly establish that their presence extends to India … Continue reading PRINCIPLES OF ‘PRIOR ADOPTION AND USE’ VIS A VIS TRANSBORDER REPUTATION: JONES INVESTMENT CO V. VISHNUPRIYA HOSIERY MILLS

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Strengthening the Remedy against Modern Tort of Passing Off: Oriental Cuisines Private Ltd vs. Star Restaurants Pvt. Ltd

This article is to highlight the recently decided case of Oriental Cuisines Private Ltd vs. Star Restaurants Pvt. Ltd, by the Hon’ble Delhi High Court regarding passing-off action based on the principles of the common law. Brief Facts of the Case:- The plaintiff is a private limited company engaged in the business of global specialty … Continue reading Strengthening the Remedy against Modern Tort of Passing Off: Oriental Cuisines Private Ltd vs. Star Restaurants Pvt. Ltd

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Understanding ITC Litigation (Section 337 Cases)

Having seen a regular and growing number of queries from Indian Companies on U.S. International Trade Commission (ITC) cases in the US (primarily companies having a domestic market in the US), this is a brief attempt to give clarity on the jurisdiction that ITC provides, types of cases handled, advantages/disadvantages of the ITC routes, among … Continue reading Understanding ITC Litigation (Section 337 Cases)

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Cadbury Loses Trade Mark Battle

31st October 2013 was a doomsday for Cadbury when it lost 4 of its éclair related trademarks on the basis of rectification petitions made by ITC. S. Usha, the Vice-Chairperson of the Intellectual Property Appellate Board (IPAB), ordered with a direction to the Registrar of Trade Marks to remove the trademarks registered under Nos. 298102, … Continue reading Cadbury Loses Trade Mark Battle

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Anti Dilution Protection of Trade Mark: Bloomberg Case

The era of globalization and internationalization of trade and commerce has developed certain complex socio-legal issues with regard to well known Trade Marks. Trade Marks are territorial in nature, but in the light of globalization and internationalization, there is a need to protect well-known trademarks against their dilution beyond geographical limits. A trademark is said … Continue reading Anti Dilution Protection of Trade Mark: Bloomberg Case

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The Madrid System for the International Registration of Marks (Madrid System)

The “Madrid System” is a centrally administered system of obtaining a bundle of trademark registrations in different jurisdictions. It is governed by two treaties, the Madrid Agreement and the Madrid Protocol, and is administered by the International Bureau of WIPO in Geneva, Switzerland. Madrid System permits the filing, registration and maintenance of trademark rights in … Continue reading The Madrid System for the International Registration of Marks (Madrid System)

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Day of reckoning for domain name bullies!

Ever since the advent of the Domain Name System, the entire world has experienced a radical metamorphosis that has brought about a revolution in the way we communicate and connect. Domain names have dramatically expanded the reach of businesses and brands to hundreds of millions of people and have incontrovertibly become an indispensable tool for … Continue reading Day of reckoning for domain name bullies!

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