This week’s trademark updates are as follows:
HT Media Ltd. provided relief from Delhi High Court
Delhi High Court has granted ex-parte ad interim injunction in favour of HT Media Limited (the news publication house) which has a registered Trademark - Hindustan Times. The order was passed against the rogue website for using a deceptively similar domain name and abstained the website from using www.hindustantimes.tech and also restrained the website from publishing any articles, columns, reviews that can violate the copyrights…
This running post provides a summary of the latest Trademark cases decided by courts in India in 2022:
Khadi &Village Industries Commission V. Raman Gupta & Ors.
In this case, the Plaintiff, Khadi & Village Industries Commission was regulated under Khadi and Village Industries Commission Act, 1956. The Plaintiff was the registered proprietor of various words bearing the name "KHADI" in both Hindi and English language and also a logo in the form of 'Charkha Logos'. The Defendants started using the…
This week’s trademark updates are as follows:
Gujarat High Court issues notice to Microsoft in trademark infringement suit
A local information technology company, Azure Knowledge Corporation Pvt. Ltd. had filed an appeal before the High Court against the order of the civil court seeking to restrain the global software giant, Microsoft Corporation from using its trademark “Azure”. The lower court has refused the request on grounds that the plaintiff failed to establish any loss or damage suffered by it. On appeal…
Facts
The Plaintiff, Amazon Seller Services Pvt. Ltd., owns, operates and manages the India online marketplace at www.amazon.in on which lakhs of third-party sellers and buyers interact and conduct their transactions.
Plaintiff No. 2, owns the trademark ‘AMAZON’ in various classes and copyright on the ‘AMAZON’ logos. Plaintiff No.2 has licensed its copyrights and trademarks to Amazon Seller Services, for the purposes of promotion, publication and merchandising within the territory of India.
Amazon Seller Services alleged that the Defendants, Amazonbuys.in and others…
This week's trademark updates are as follows:
Coke Studio v. Cook Studio : The trademark conundrum
The ongoing tussle between one Nikhil Chawla, proprietor , of "The Chawla Group" against 'The Coca Cola Company', has now been referred to mediation by Justice Pratibha M Singh. The Court stated that both the parties are being referred to the Delhi High Court Mediation and Conciliation Centre on 31st May, 2022 . Mr. Rajeev Varma, Senior Counsel has been appointed as the mediator for…
This running post provides a summary of the latest Trademark cases decided by courts in India in 2022:
L’oreal v. Haridas PA & Ors.
This was a suit for permanent injunction for restraining the Defendants and its agents from infringing Plaintiff’s well-known trademarks "L'OREAL, L'OREAL PROFESSIONNEL, L'OREAL PARIS" by violating its proprietary rights in its tradename and infringing its copyrights in its label and artistic works. The Court noted that the Plaintiff had the exclusive right to use the trademarks and…
This running post provides a summary of the latest Trademark cases decided by courts in India in 2022:
M/S. Apex Laboratories Pvt. Ltd Vs. Axis Life Sciences
The Plaintiff, Apex Laboratories, used the trademark “ZINCOVIT” since the year 1990 and established great reputation and good will in the market. The Plaintiff adopted a distinct and a unique seven strip colour packaging from the year 2014 for their product, a multi-vitamin supplement for adults and children to boost their immunity. The Defendant,…
BananaIP is happy to launch the IP statistics report for the year 2021. This report covers Patent, Trademark, Design, Copyright and Geographical Indication (GI) statistics based on information available on the website of the Indian IP Office. Wherever relevant, a comparative review with previous years has been presented in the report. You may download a copy of the report here. [Download PowerPoint Version] [Download PDF Version]
Findings and Conclusions
At a general level, intellectual property activity before the IP Office…
Pawandeep Singh vs The Registrar Of Trademarks & Anr.
Background
This case deals with a problem often faced by trademark attorneys during hearings. Several attorneys are given slots during a fixed time, and they are heard one after another. Sometimes examiners are unable to complete all hearings during the allotted time, and hearings are adjourned.
In the present case, an order was passed with respect to a trademark application relating to the mark. SWISS, without hearing the Trademark Agent. Two hearing…
Decided by the High Court of Delhi on 4th March, 2022.
FACTS
The Plaintiff, Khadi and Village Industries Commission, established in the year 1956 was a registered proprietor of various words marks and device marks. Its products bore the mark “KHADI” in both English and Hindi as well as in artistic and logo form along with the Charkha Logos. The Plaintiff not only dealt with the products of Khadi but also with various medicinal products and were regulated and promoted by…