Trademark Infringement Archives

Multi Time Machine, Inc. v. Amazon

One can always see a lot of advertisements, while performing a google search or just about any search on other search engines. Advertisements, and more recently, keyword advertising are a major source of revenue generation for search engines. The case that we are about to discuss, is something that nobody ever anticipated to happen. Multi Time Machine Inc, (MTM) manufactures watches, specifically special ops watches and high-end tactical watches. It sells them on its own website and through its various…

November 17, 2015 BananaIP Reporter e-Commerce Law, Intellectual Property, Trademarks 0Comment 700Views 0Like

ShareFacebook

Movie making – A tale of woes.

“We don’t make movies to make money; we make money to make more movies.” - Walt Disney Movie Producers or Movie Production houses are often referred to as money making machines, but where there are riches; there are also a multitude of woes. In this post, we speak about some of the legal challenges that movie producers often face. Keeping in mind that it is always easier to list the problems than to find the solutions to them, we have jotted…

November 9, 2015 BananaIP Reporter Intellectual Property, Media and Entertainment Law 0Comment 658Views 0Like

ShareFacebook

The featured image shows a movie clapboard. The post is about the online leak of the movie Udta Punjab. To know more, please click here.

Sholay Media Entertainment Pvt. Ltd. & Ors. v. Parag Sanghavi & Ors.

Case Title: Sholay Media Entertainment Pvt. Ltd. & Ors.v. Parag Sanghavi & Ors. Citation: 223 (2015) DLT 152, MIPR 2015 (3) 0096 Brief Facts: The dispute is centered around the highly popular movie ‘Sholay’ directed by Mr. Ramesh Sippy and produced by Mr. G.P. Sippy and the movie ‘Ram Gopal Verma Ki Aag’ directed by Mr. Ram Gopal Verma. Before we go into the particulars of the dispute, one must have an understanding of the ownership of the rights over the…

November 2, 2015 BananaIP Reporter Copyrights, Intellectual Property 0Comment 3063Views 0Like

ShareFacebook

Flipkart sends legal notice to blogger

Flipkart was again in the news recently. The e-commerce company sent a legal notice to a Hyderabad based blogger, Amit Bhawani, for the infringement of it trademark/logo and cyber squatting. Seems like a garden variety case of trademark infringement right? Not quite. Mr Bhawani who is technology blogger with sites like ‘Phone Radar’ and ‘Android Advices’, also ran a website called ‘amazonvsflipkart.com’. As the name suggests the website hosted a ‘customer satisfaction poll’ pitting Flipkart and Amazon against each other,…

September 15, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 877Views 0Like

ShareFacebook

Zara Trademark Saga: History Repeats Itself

When Shakespeare wrote the famous line “what’s in a name” he definitely did not anticipate the redundancy of the statement in the context of intellectual property. It’s all about the name! There are numerous legal suits that have ensued over the copying of a name. And why shouldn’t they, there is tremendous amount of goodwill and reputation attached to a name. Recently, Zara the Spanish clothing brand, sued a Chennai based restaurant for using its name. The restaurant was called…

August 9, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1360Views 0Like

ShareFacebook

Cease and desist notice to Snapdeal

The Chennai-based saree retail Brand Nalli has issued a cease and desist notice to the leading e-commerce website Snapdeal for illegal use of its brand name, trademark and images on its website. Nalli, a brand that has become synonymous with the traditional silk or Kanchipuram sarees has become a trusted household name when it comes to sarees. It was alleged by Nalli that Snapdeal sought to unjustly cash in on the goodwill of the brand by making people believe that…

July 2, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 810Views 0Like

ShareFacebook

Featured image of peps Spine guard mattress is used, as the post is about a trademark issue related to this. To read the post click here.

Peps Industries Vs. Shakti Mattresses & Gears

The Delhi High Court has passed an ex-parte interim injunction against Shakti Mattresses & Gears Pvt. Ltd. on 29th May 2015, to restrain from dealing in the goods and services, under the mark ‘SPINE GUARD’, which is a registered trademark of the plaintiff, Peps Industries Pvt. Ltd. To briefly state the facts, the Plaintiff, Peps Industries Pvt. Ltd., is engaged in the business of manufacturing, marketing and sale of sleep comfort products such as mattresses, pillows, cushions, sofas, beds and…

June 16, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 744Views 1Like

ShareFacebook

Featured image is of VIT campus, as content of the post is related to VIT

Is There a Trademark in a Name?

“What's in a name? that which we call a rose, by any other name, would smell as sweet.” William Shakespeare famously quoted these lines in his creation of the romantic tragedy, Romeo and Juliet. Enter 21st century and these famous lines could be debated to the ends of time. In today’s world, where there are fakes of fakes and more fakes than actual products, Shakespeare might have thought differently. Trademark Infringement and Passing off is something that we are all too familiar…

June 11, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 953Views 1Like

ShareFacebook

Trademark Case Review: PEPS Industries v. Coir Foam

This article is a contribution by Savitran - Intern at BananaIP Counsels The Delhi High Court has ordered an interim injunction against Coirfoam India Pvt. Ltd. to desist it from using a mark identical or similar to ‘Spring Guard’, which is the trademark owned and registered by Peps Industries Pvt. Ltd. To briefly state the facts, the Plaintiff, Peps Industries Pvt. Ltd., is engaged in the business of manufacturing, marketing and selling sleep comfort products such as mattresses, pillows, cushions,…

May 27, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 934Views 1Like

ShareFacebook

E-commerce Retailers face flak over alleged Counterfeits by Vendors

E-retailers have come a long way since the advent of e-commerce in India in the early 2000s. Other than a few cautious buyers, most have become comfortable purchasing an entire range of products online. However, nowadays a lot of e-commerce customers are left fuming because of counterfeit vendors gaining a foothold even in reputed e-commerce sites. In October 2014, the Delhi High Court prohibited Gurgaon-based online marketplace, ShopClues from using, manufacturing, marketing, selling, displaying or advertising the name of L’oreal…