Tag: Trademark Infringement

The Practice of “Defendant Masking”: A Mistake or A Strategy?

Introduction As we all know that “Masks” are conveniently used for hiding the real identity of a person, similar is the practice of “Defendant Masking.” As the name suggests, the practice of ‘defendant masking’ is a strategy used by the plaintiffs in IPR suits to avoid detection of matter in the cause list by masking … Continue reading The Practice of “Defendant Masking”: A Mistake or A Strategy?

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Trademark Infringement: Officer’s Choice Vs. Fauji

About Officer’s Choice Officer’s Choice commonly known as ‘OC’, is an Indian whisky brand which is owned by Allied Blenders & Distillers (ABD). It is considered to be one of the largest spirit brands in the world. In 2015 Officer’s Choice overtook Smirnoff vodka to become the world’s largest selling spirit brand. In the year of 2014, this Brand sold 28.4 … Continue reading Trademark Infringement: Officer’s Choice Vs. Fauji

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A Win Over The Battle Of Trademark Infringement By Registered Mark Dealing Under A Different Class

The Delhi High Court in the matter of L’AIR Liquid Societe Anonyme Pour I Etude Et I Exploitation Des proceded Georges Claude And Anr. v. M/S Liquid AIR & Ors. reaffirmed that even if a registered trademark is used as business name or trading style, it will constitute infringement under section 29(5) of Trademarks Act. … Continue reading A Win Over The Battle Of Trademark Infringement By Registered Mark Dealing Under A Different Class

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Glenmark Pharmaceuticals Vs. Galpha Laboratories COMIP (L) NO. 1063 OF 2018

(Bombay High Court Decrees Against The Infringer For A Whopping Amount Of 1.5 Crs To Be Paid To Kerela Relief Fund) Glenmark Pharmaceutical, which has been always vigilant of their products and IP rights was successful in instituting an IP infringement suit against Galpha Laboratories, which resulted in a distinct judgment and a whooping amount … Continue reading Glenmark Pharmaceuticals Vs. Galpha Laboratories COMIP (L) NO. 1063 OF 2018

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Belly Fireman! Rescued by Delhi High Court

In the recent decision of Delhi  High Court in the case of Reckitt Benckiser(India) Ltd v Dabur India Ltd, the Hon’ble court decided on the issue of deceptive similarity between the  television advertisement of Pudin Hara lemon fizz drink and Gaviscon Facts of the case: The plaintiffs is a member of  Reckitt Benckiser Group PLC … Continue reading Belly Fireman! Rescued by Delhi High Court

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High Court grants interim injunction against online retailer from using L’oreal Trademark

Recently, Delhi High Court passed an interim injunction against an online retailer restraining them from using the name of L’oreal to sell or supply any goods on any website or in any other manner having regard to the L’oreal’s plea alleging counterfeit products having its trademark were being sold/ traded by the online retailer Brandworld … Continue reading High Court grants interim injunction against online retailer from using L’oreal Trademark

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Trade Mark Parody- An analysis of Tata Sons v. Greenpeace

Trade Mark Parody is a defense to Trade Mark infringement. There should be no likelihood of confusion between the original host work and the parody work, as the parody will not be taken in a serious manner. It must be cleverly portrayed so as to show itself as a humorous take on the original work. … Continue reading Trade Mark Parody- An analysis of Tata Sons v. Greenpeace

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