This post was first published on September 24, 2011.
RADICO KHAITAN LIMITED V. CARLSBERG INDIA PRIVATE LIMITED , decided on 16th September, 2011 by Delhi High Court
Facts:-
The plaintiff- Radico Khaitan Ltd. has been continuously and extensively carrying on an established and reputed business in respect of manufacture and sale of alcoholic beverages in India, as well as numerous countries across the world directly by itself and through its affiliates, subsidiaries, licensees, etc. The plaintiff adopted…
First Publication Date: 18th September, 2009.
In furtherance to our earlier blog here relating to the advertisement war between Colgate and Pepsodent and comparative advertising, the Delhi High Court recently, on 21st August 2013, denied grant of interim injunction against Hindustan Unilever Limited ('HUL'/Pepsodent) and held that Court was not persuaded at this stage to hold the impugned TV advertisement or the impugned printed advertisement by HUL to be disparaging of or denigrating the product ‘Colgate Dental Cream Strong Teeth’ of…
This post was first published on 5th January, 2014.
The Hon’ble Delhi High Court delivered another thought-provoking judgment on the 16th of December, 2013 related to the pharmaceutical industry. The plaintiff in the present case is Boehringer Ingelheim Pharma Gmbh & Co., a German company with its principal place of business in Germany, whereas the Defendant is IPCA Laboratories Ltd., with its principal place of business in Mumbai.
The Plaintiff has been using the trademark MUCOSOLVAN since 1979 in 56 countries including India for pharmaceutical…
This post was first published on December 22, 2011.
In a very recent decision of the Delhi High Court in the case of Carlsberg India Pvt. Ltd. v. Radico Khaitan (decided on 20th December, 2011), a division bench revisited the ever debated question of trademark rights in numbers. A quick glance over the facts reveals that Radico has been the registered proprietor of the trademark '8 PM' for whiskey and other liquor. In February, 2011, Carlsberg launched Beer under the mark…
This post was first published on December 2nd, 2012.
Comparative Advertising is, as the name suggests, advertising that compares one product or service with another. Comparison is made with the intention of increasing the sales of the advertiser either by suggesting that the advertiser’s product is of the same or better quality to that of the compared product. The aim of such advertisement is to bring to public knowledge an honest comparison of one’s products with those of competitors. Promotion…
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…
First Publication Date: 24th December 2009
The plaint was filed by Pernod Ricard S.A. France and Ors. alleging that the defendants’ (Rhizome Distilleries P. Ltd. and Ors.) whisky, Imperial Gold, was an imitation of and was structurally, as well as phonetically, similar to the Plaintiffs reputed trademark IMPERIAL BLUE and the registered trademark IMPERIAL RED. Also, the Defendants were said to have imitated the ROYAL STAG whisky label, in both the front and the rear panels. The whisky label was said…
Interesting trademarks, Delhi Public School Trademark Dispute, Foodistan Trademark Dispute, Geographical Indication updates and Domain name infringement news, brought to you by the Trademark Team of BananaIP
We wish all our readers a very happy World IP Day. On this World IP Day we hope that all stakeholders will take diligent and honest efforts to protect intangible assets.
Trademark quote of the week
" The talent for discovering the unique and marketable characteristics of a product and service is the most valuable…
Interesting trademarks, Supreme Court on trademark infringement, Nation wants to know trademark dispute, Domain name infringement news and more brought to you by the Trademark Team of BananaIP Counsels.
TRADEMARK THOUGHT OF THE WEEK
“Products are created in the factory, but brands are created in the minds”- Walter Lander
TRADEMARK STATS FROM THE INDIAN TRADEMARK OFFICE
Particulars
Last week
This week
Change in %
Total Trademark applications examined by Trademark Office
2085
6411
An increase of 67.4%
Total applications disposed through show cause hearings
152
593
An increase of…
Apart from applying for registration of a movie title under the Indian Trademarks Act, there are a number of industry associations to which the film makers look up to regarding protection of their film titles. Indian Motion Picture Producers' Association (IMPPA), Association of Motion Pictures and Television Program Producers (AMPTPP) and Film and Television Producers' Guild of India, Film Writers' Association and Western India Film Producers Association (WIFPA) are the associations that play a big role in protecting the commercial…