The Karnataka High Court recently ruled that Boman R. Irani of the Rustomjee Group had obtained the trademark Yezdi from Ideal Jawa (India) Ltd. in bad faith, thus making all trademarks and registration certificates issued to him void and requiring him to pay costs associated with utilising and distributing the mark during winding up proceedings. Continue Reading Yezdi Trademark Case – Why Companies Should Be Wary During Winding Up
This week’s trademark updates are as follows –
Delhi High Court says 'Rooh Afza' trademark to be given high degree of protection
An appeal was moved by manufacturers of Rooh Afza against rejection of its application seeking an interim injunction against Sadar Laboratories Pvt. Ltd., who infringed their trademark. The Court observed that "Rooh Afza" had acquired immense goodwill over the years and had served as the "source identifier" for the sharbat being manufactured by Hamdard National Foundation(India) and Hamdard Dawakhana…
This week’s trademark updates are as follows –
Trademark Lawsuit filed against HGTV’s “Ugliest House in America.”
A lawsuit has been filed by HomeVestors of America, Inc., against Warner Bros. Discovery, Inc. for infringement of the former’s trademark “The Ugliest House of the Year”. The HGTV show's treatment of homeowners is not representative of how HomeVestors franchisees engage with clients, although the show's title is remarkably similar to HomeVestors' annual "Ugliest House of the Year" contest.
CoorsTek Defeats CeramTec in Battle to…
This week’s trademark updates are as follows –
Guns N’ Roses Files Trademark Lawsuit Against Gun Store for Use of Similar Name
The music band Guns N’ Roses has filed a trademark infringement suit against a gun store for using the same name. The band is asking the store to change its name and is also claiming damages for the alleged infringement. According to the lawsuit, the name is likely to cause confusion with the Guns N’ Roses mark, falsely suggested…
Read about the Delhi High Court’s decision to declare the trademark “Bukhara” as a well-known mark of ITC Limited for its restaurant business. Learn about the evidence presented in the case and the relief granted by the Court to ITC to protect its trademark from being used by Central Park Estates in their restaurant. Continue Reading Restaurants and Well Known Trademarks: The Case of Bukhara
This post provides an overview of the Intellectual Property Facilitation Scheme for Startups in India, including who can apply and who can be a facilitator. It also explains the functions and duties of facilitators, as well as the Empanelment process. This comprehensive guide provides all the necessary information for startups to take advantage of this scheme. Continue Reading SIPP: What Startups need to know about the revised scheme for Intellectual Property protection
This week's trademark updates are as follows -
Karnataka HC Overturns Civil Court Order – Allows Vogue Institute to Retain the name ‘VOGUE’
Overturning the order passed by the Bengaluru City Civil Court, the Karnataka High Court has allowed the Vogue Institute to retain the name ‘VOGUE’ in their name and their trademark. The Karnataka HC stated that the test applied by the Trial Court to assess whether a common person would be confused upon seeing the word ‘VOGUE’, was…
This week’s trademark updates are as follows –
Rooh Afza counterfeit products restrained from sale on Amazon India
A recent order from the Delhi High Court restrained the sale of sherbet products bearing the fake name ‘Rooh Afza’, which were made in Pakistan. The complaint was filed by Hamdard National Foundation, alleging that sherbet products produced in Pakistan were being sold in India bearing the fake name ‘Rooh Afza’. The company filed the case against Amazon India and a company named…
The office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) has announced on 15/11/2022 that the Trade Marks Agent Examination 2023 and Patent Agent Examination 2023 are likely to be held on 07/05/2023. Read more Continue Reading The Office of CGPDTM announces Trade Marks Agent Examination 2023 and Patent Agent Examination 2023
This week’s trademark updates are as follows –
Protecting GI Goods
The GI Tags can and are being utilized to prevent counterfeits from chipping away the revenue of the original products protected as a GI. The Gulbarga Tur Dal (pigeon pea) is a good example of the same. During a training program held in October 2022, 16 users were awarded the “Authorized User Certificate” (AUC) for the Gulbarga Tur Dal, which is a product provided with a GI Tag. The AUC…