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Who Owns the Castle?

This post was first published on November 6th, 2011. South African Breweries International and Another v. Mohan Goldwater Breweries Ltd and Another (High Court of Delhi)   FACTS Plaintiff No. 1 is a company registered in Netherlands and Plaintiff No. 2 is a joint venture company registered in India. Plaintiff No. 1 has registered CASTLE and CASTLE label in respect of beer in many countries and claims sale of USD 1 billion. The Plaintiffs contend that their mark is a well-known mark in India…
February 17, 2019 Intellectual Property, Trademarks 0Comment 896Views 0Like
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Can God’s Name be Monopolized? ‘No’ Says the Court

This post was first published on October 19th, 2011. BHOLE BABA MILK FOOD INDUSTRIES LTD v. PARUL FOOD SPECIALITIES PVT. LTD.- High Court of Delhi.  (Division Bench) Facts: The Appellant has a trademark registration for the label KRISHNA with a pictorial reflection of Lord Krishna standing on a lotus flower for dairy products. The Respondent was selling ghee under the mark ‘PARUL’S LORD KRISHNA’ where the word KRISHNA was dominantly written in large font. The Appellant sought to obtain an…
February 16, 2019 Intellectual Property, Trademarks 0Comment 888Views 0Like
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The image depicts a tea estate in Darjeeling.

‘Darjeeling’ is Not Owned by Tea Board

This post was first published on 19th September 2011. Tea Board, India v. I.T.C. Limited Decided by CALCUTTA HIGH COURT on 24th August, 2011 Facts The plaintiff is an autonomous, non-profit statutory body and was established by the Government of India for the purpose of controlling the Indian Tea Industry. This establishment is engaged in production, cultivation, marketing, sale and export of tea, encouraging research, and other numerous statutory duties and functions under the Tea Act. In order to preserve the integrity of tea…
February 16, 2019 Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 1623Views 0Like
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Amazon Marketplace Non Compliance

Kindle eBooks, FDI eCommerce Policy and Amazon Marketplace – Non-compliance Continues Contd.

Amazon Seller Services Private Limited ("Amazon") runs the eCommerce marketplace at www.amazon.in, and among other products, Amazon facilitates sale of eBooks and/or eBook subscription licenses on the platform at its Kindle eBook Store at https://www.amazon.in/Kindle-eBooks/b?ie=UTF8&node=1634753031. In my opinion, Amazon's business and approach with respect to eBooks does not comply with the recent FDI eCommerce guidelines by virtue of the following: By exclusively permitting only its group company Amazon Asia Pacific ("Amazon APAC") to sell eBooks on its marketplace; By…
February 15, 2019 Copyrights, General, Intellectual Property, IP Commercialization/Licensing, Trademarks 0Comment 990Views 0Like
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Autodesk, Inc. & Another v. Mr. Prashant Deshmukh & Others

This post was first published on June 25, 2011.   Facts: Autodesk Inc. is a U.S. based design software and digital content company which provides design software to professionals. It is also the owner of various Trademarks in India including AUTODESK and AutoCAD.  Microsoft Corporation is the owner of various well known computer software like Microsoft Office and Microsoft Windows, having a subsidiary company in India. In May, 2003, Microsoft received information from Mr. Devesh Tiwari, a Service Engineer for computers of…
February 15, 2019 Copyrights, Intellectual Property, Trademarks 0Comment 1895Views 0Like
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Weekly Trademark News - BananaIP Counsels

Solid 21 Inc in Legal Battle, Kamala Harris Trademark, Bonjour Collaborates with Hush Puppies and Other News

  Indian Trademark Statistics for February (Second Week), Kamala Harris Trademark, 3.85 Crores Awarded to Whatman in Damages, Solid 21 Inc in Legal Battle, Harmal Chilli GI and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK Every interaction in any form, is branding-Seth Godin INDIAN TRADEMARK STATISTICS In the last week, the Indian Trademark Office has had a slow week. The total number of applications published in the trademark journal has decreased by four…
February 13, 2019 Intellectual Property, Trademarks 0Comment 859Views 0Like
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The image has a word art "TM" standing for trademark. The post is about the question if registration is prima facie validity of trademark. Click on image to view post.

Trademark Registration: Prima Facie Evidence of Validity?

This post was first published on June 3, 2011. In a recent case, the Delhi High Court has categorically ruled that registration of a trademark is not prima facie evidence of its validity and thereby has created a slippery slope for most registrants of descriptive and less distinctive marks. The case related to use of the word mark ‘KRISHNA’ in relation to milk and milk products. The Plaintiff, by virtue of prior usership and prior registration claimed a permanent injunction against the…
February 13, 2019 Intellectual Property, Trademarks 0Comment 1718Views 0Like
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Intellepedia - IP News Updates

Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011

  This post was first published on May 25, 2011.   This new act, known as the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property 2011, popularly known as PROTECT IP ACT, 2011, is an act which is going to succeed the previously existing act on internet censorship. The previously existing act is the “Combating Online Infringements and Counterfeits Act”, popularly known as the COICA. The main of this act was to prevent copyright infringement on the internet. However,…
February 13, 2019 Intellectual Property, Trademarks 0Comment 843Views 0Like
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The image depicts a pack of cards by the mark 555. The court in a infringement case over the mark 555 held that the principle of unclean hands will apply to trademark cases. Click on the image to read the full post.

Doctrine of unclean hands- Now a defense in trademark infringement!

  This post was first published on March 22, 2011.   The Indian Courts, in the recent past have continuously surprised us by pulling one trick after the other when it comes to dealing with Intellectual Property cases. This time around it is the Bombay High Court while dealing with a trademark infringement matter in the recent case of M/S.J.K. Sons vs M/S.Parksons Games & Sports (decided on March 18, 2011).The facts involve M/S Parksons Games & Sports (respondents) being the owners of…
February 7, 2019 Intellectual Property, Trademarks 0Comment 1835Views 0Like
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Weekly TM News Updates

Amul Sends Legal Notice to Google, 20th Century Fox in a Legal Battle, Japan Patent Office Bans Era Trademark and Other News

Indian Trademark Statistics for February (First Week), 20th Century Fox in Legal Battle Over its Upcoming Movie, Valentine Makeup Collection by Kylie Jenner, Amul Sends Legal Notice to Google, Pithora Arts GI and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Within every brand is a product, but not every product is a brand”- David Ogilvy INDIAN TRADEMARK STATISTICS The Indian Trademark Office has had a mixed week. The total number of…
February 6, 2019 Intellectual Property, Trademarks 0Comment 779Views 0Like
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