The Delhi High Court ruled that common words like “KONDRU” and “LOBAN” in the context of ayurvedic products cannot be exclusively trademarked. This decision highlights the importance of distinctiveness in trademark registration. Continue Reading The words ‘KONDRU’ and ‘LOBAN’ are Publici Juris, says the Delhi High Court
Delhi High Court split on jurisdiction for trademark rectification petitions: firstly stated any High Court, later restricted it to granting IP Office’s jurisdiction. The underlying point is differentiating Trade Marks Act from Patents and Designs Acts and emphasizing convenience for businesses. Continue Reading Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench.
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. Continue Reading Trademark opposition timelines are mandatory, and must be complied strictly, says the Delhi High Court
Join BananaIP’s dynamic Trademark Department in Bangalore! Apply now for exciting opportunities in trademark filing and prosecution. Experience a fulfilling and rewarding career with us. Continue Reading Announcing Trademark Job Opening at BananaIP: Position for Trademark Associate with at least 2 years experience
In a recent ruling, the Delhi High Court granted relief to luxury brand Louis Vuitton Malletier by issuing a permanent injunction and awarding damages against three defendants involved in the manufacturing and selling of counterfeit goods bearing the Louis Vuitton trademarks. Continue Reading Delhi High Court Grants Relief to Louis Vuitton Against Counterfeiters: A Comprehensive Analysis
The Delhi High Court passed an order granting a permanent injunction and punitive costs of ₹ 2,00,000/- to the defendant for infringing and passing off the Plaintiff’s Trademark “SADDA PIND”. Continue Reading Delhi High Court Fines Defendant 2 Lakhs for Infringing Use of “Sadda Pind”
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…
This week’s trademark updates are as follows –
Delhi HC grants interlocutory injunctive reliefs for infringing the trademark of Radio Mirchi
Radio Mirchi, the plaintiff claimed to be the registered owner of the device mark “Mirchi” under the brand name “Sunday Suspense” on various webpage/web link/application/intermediary platform. The defendants, Tuneincom and others, were alleged to have engaged in unauthorized and illegal broadcasting, transmission and communication of the plaintiff’s copyrighted audio content. It was observed as a prima facie case of infringement.…
The Karnataka High Court recently ruled that Boman R. Irani of the Rustomjee Group had obtained the trademark Yezdi from Ideal Jawa (India) Ltd. in bad faith, thus making all trademarks and registration certificates issued to him void and requiring him to pay costs associated with utilising and distributing the mark during winding up proceedings. Continue Reading Yezdi Trademark Case – Why Companies Should Be Wary During Winding Up
This week’s trademark updates are as follows –
Guns N’ Roses Files Trademark Lawsuit Against Gun Store for Use of Similar Name
The music band Guns N’ Roses has filed a trademark infringement suit against a gun store for using the same name. The band is asking the store to change its name and is also claiming damages for the alleged infringement. According to the lawsuit, the name is likely to cause confusion with the Guns N’ Roses mark, falsely suggested…