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…
This week’s trademark updates are as follows:
A piracy of 'Torts'
In the matter of Allahabad Law Agency v. Amazon Retail India Pvt. Ltd. & Ors., the plaintiff sought for permanent injunction against several sellers on the defendant's platform who have been found selling pirated versions of the book- 'Law of Torts' by Dr. RK Bangia. A Delhi Court, understanding the gravity of the situation, has passed an ex-parte ad-interim injunction restraining the defendants and several others from either…
On 2nd August, 2022, the Indian IP Office has opened up submissions for the NATIONAL INTELLECTUAL PROPERTY AWARDS 2021 & 2022. As stated in the announcement the objective of these awards is:
“Objective:
National Intellectual Property (IP) Awards are conferred every year to recognize and reward the top achievers comprising individuals, institutions, organizations and enterprises, for their IP creations and commercialization, which have contributed towards strengthening IP eco-system in the country and in encouraging creativity and innovation. National IP Awards…
BananaIP is happy to launch the IP Cases Report for the year 2021. This report covers cases related to intellectual property decided by Courts in India, in the form of case notes. These case notes cover important decisions on critical questions of law and fact with respect to various species of intellectual property. You may download a copy of the report here. [Download PowerPoint Version] [Download PDF Version]
Structure of the Report
The Report is structured based on the primary…