Delhi High Court revives Dabur’s ODONIL MYSTIC ROSE trademark application, citing procedural lapses by the Trade Marks Registry in serving the notice of opposition.
Read more about Lost in the Inbox? Delhi High Court Saves Dabur’s Trademark ApplicationTag: Dabur
Trademark refusal without notice and ‘40’ suffix similarity
Recent rulings spotlight service notice issues and trademark similarity. The Delhi High Court addresses ‘HP-40 vs WD-40’ similarity and rectifies an opposition notice lapse for ‘ASLI AMLA, SIRF DABUR AMLA’.
Read more about Trademark refusal without notice and ‘40’ suffix similarityTrademark opposition timelines are mandatory, and must be complied strictly, says the Delhi High Court
In this case, the Delhi High Court explored if a trademark opposition be ‘deemed as abandoned’ if there was a delay in service of evidence by the opponent in the opposition. The Court also explained whether the timelines mentioned in the Trade Marks Act and Rules are mandatory or not.
Read more about Trademark opposition timelines are mandatory, and must be complied strictly, says the Delhi High CourtYoutuber Held Liable for Unauthorized Use of Trademarks: Dabur India Limited v. Dhruv Rathee and Ors.
The petitioner, Dabur, who is the manufacturer of beverages under the name “Real”, is alleging that a Youtuber named Dhruv Rathee published a video tarnishing the petitioner’s brand reputation. The video also depicted an earlier advertisement aired, as well as a distorted image of the petitioner’s product Real, which infringes upon its trademark and copyright rights. The Calcutta High Court held that the acts of the respondent infringed upon the petitioner’s rights under section 29 (9) of the Trade Marks Act, 1999, and the Copyright Act, 1957, and the offending portions of the video were ordered to be removed.
Read more about Youtuber Held Liable for Unauthorized Use of Trademarks: Dabur India Limited v. Dhruv Rathee and Ors.