This post was first published on 18th November, 2011.
Infosys Technologies Ltd vs Adinath Infosys Pvt. Ltd & Ors, High Court of Delhi
Facts:
The plaintiff-company Infosys Technologies Private Limited is engaged in the business of providing IT services, solutions, consulting and business process management. INFOSYS is the registered trademark/service mark of the plaintiff-company in various Classes including Class 16 in respect of computer software. The Plaintiffs have strongly contended that owing to their excellent services offered by…
After thirteen years of long battle, Coca-Cola Company has finally been granted registration for the trademark “zero’’ for its zero-calorie drinks, namely Coca-Cola Zero, Sprite Zero and Powerade Zero by the US trademark authorities.
The company had been trying to register the trademark “zero” in US since 2003. However, Dr Pepper who sells a diet soda, called Diet Rite Pure Zero, challenged this effort by Coca-Cola in the year 2007 for registration of the word “zero”. Dr.Pepper argued that “zero”…
This post discusses a recent case update with regard to prior use of a descriptive trademark. The case presents an interesting aspect of trademark law, i.e., when claiming for passing off action of a descriptive trademark, the Plaintiff must provide convincing evidence to establish the prior use and the secondary meaning which has been acquired for the trademark. The case described herein was filed on 26th July 2010 before the High Court of Bombay, by two companies namely, Pidilite Industries Limited…