This week’s trademark updates are as follows:
Its TATA vs TAATAS.COM
The TATA Group has recently filed a lawsuit with World Intellectual Property Organisation (WIPO) Arbitration and Mediation Centre seeking the recovery of the domain name taatas.com on the grounds that it was identical to the well-known TATA trade and services mark. The Panel did recognize that the marks were phonetically similar and that the plaintiff had a legitimate interest in reclaiming the domain because of their reputation in India and…
This week’s trademark updates are as follows:
CHAAYOS trademark infringement dispute referred to mediation
Sunshine Teahouse Private Limited had filed an infringement suit against the CHAIOPS café. Sunshine claimed that the Defendant’s brand name CHAIOPS was infringing upon their mark CHAAYOS. The Delhi High Court noted that there were no similarities between the device and logo of the two parties and that there existed only phonetic similarity between the two. Hence, stating the possibility of an amicable settlement, the Delhi High…
On August 15th 2022, the Office of Controller General of Patents, Designs and Trade Marks (“CGPDTM”) notified a list of trademarks which would be added to the list of Well-known Trade Marks in the Trade Marks Journal No: 2065. The Registrar of Trade Marks considered requests received under Rule 124 of the Trade Marks Rules 2017, which allows any trade mark owner to file a request in Form TM-M requesting the Registrar to declare their trademark as 'well-known'. This list of well-known…
This week’s trademark updates are as follows:
Kashmir seeks to add more products to its GI list
Kashmir seeks to obtain the GI tag for five of its crafts: Kashmir Namda, Wagguv, Shikara, Gabba and Kashmir Willow Bat. The Director of the Handicrafts & Handloom Kashmir had an extensive discussion with the authorities of Intellectual Property India, Chennai and requested them to accelerate the process of registration, “The dossier for registration of these crafts has already been submitted to the Intellectual…
This week’s trademark updates are as follows:
Domino’s dominates Trademark Dispute against Dominick Pizza
In a recent case, the Delhi High Court restrained a Ghaziabad based pizzeria, named Dominick Pizza, from using the marks Dominick Pizza’, ‘Cheese Burst’ and ‘Pasta Italiano’ in any manner as they were identical or deceptively to the trademarks owned by Domino’s. The High Court stated that, “The reviews of the consumers on Google Reviews, also re-affirms this fact that apart from the confusion that is taking…
Facts of the Case:
Havells India Limited, the Plaintiff, filed an application against Shanghai CET Electric and others (hereinafter together referred to as the Defendants) alleging them to be guilty of committing Contempt of Court for violating the orders passed by the Honourable Court dated – 10.01.2019 and 31.05.2019 (hereinafter the “1 st order” and “2 nd order”, respectively). The Court in its 1 st order, after establishing a prima facie case having been made…
This week’s trademark updates are as follows:
House of Zana wins trademark dispute against Zara
International fashion giant, Zara, recently objected to the registration of the trademark ‘House of Zana’ by a Darlington-based fashion boutique House of Zana in the UK, claiming that the mark is identical and is likely to cause confusion amongst the average consumers. The Hearing Officer, Matthew William, opined that, although Zara is a common word, the word “House of” has a distinctive nature and…
Facts
Plaintiffs, M/s Osram GmbH and Osram Lighting Private Limited [“OLPL”] filed a suit against Mr. Tejmeet Singh Sethi and Mr. Hartej Singh Sethi (Defendants) claiming their rights in the registered Trademark “OSRAM”. This mark was adopted by OLPL internationally in 1906 and later registered in India in 1945 by General Electric Company Limited. Plaintiffs were engaged in manufacturing a range of products comprising Lumilux Plus Fluorescent Lamps, CFL lamps and other related products. Plaintiffs found that Defendants, who were…
Facts
The Delhi High Court (the Court) merged four Writ petitions filed under Article 226/227 of the Constitution of India. The Petitioners had been restricted from exercising their right u/s 21 of Trademarks Act, 1999, to file an opposition against various trademark applications within 4 months of them being accepted and advertised. The Petitioners wanted to file an opposition for a trademark in view of the extension of limitation granted by the Supreme Court in 2020 in view of…
This running post provides a summary of the latest Trademark cases decided by courts in India in 2022:
Shyam Sel and Power Limited Vs. Shyam Steel Industries Limited
The Plaintiff, Shyam Sel and Power Limited filed a suit against the Defendant, Shyam Steel Industries Limited for the infringement of its Trademark and passing off, as the Defendant was using the plaintiff’s registered trademark ‘SHYAM’ on its invoices. Both the parties were involved in manufacturing and selling Thermo-mechanically treated bars, leading to…