This week’s trademark updates are as follows –
Rooh Afza counterfeit products restrained from sale on Amazon India
A recent order from the Delhi High Court restrained the sale of sherbet products bearing the fake name ‘Rooh Afza’, which were made in Pakistan. The complaint was filed by Hamdard National Foundation, alleging that sherbet products produced in Pakistan were being sold in India bearing the fake name ‘Rooh Afza’. The company filed the case against Amazon India and a company named Golden Leaf, involved in the sale of the fake products under the name ‘Rooh Afza’. The complainant, who had adopted the mark in 1907, claimed that the products sold by Golden Leaf were not produced by them. The Delhi HC granted a decision in favor of Hamdard National Foundation, restraining the sale of the infringing products on the e-commerce platform, Amazon.in. The Court also directed that if any further instances of sales were to be discovered, they were to be brought to the notice of the e-commerce platform and should be taken down diligently.
‘DAAWAT’ Trademark – Delhi High Court awards compensation for infringement
The Delhi High Court awarded Rs. 25 Lac in compensation to LT Foods Ltd., after they leveled complaints against a Raipur-based company for allegedly infringing their ‘DAAWAT’ registered trademark. The company claimed that the defendant company was using counterfeit packaging, under which they were selling ‘Jawaphool’ Rice. The packaging misled the consumers to believe that the product was DAAWAT’s Basmati Rice. Saraswati Trading Company, the defendants, were completely restrained from using LT Foods’ Trademark. The inspection of the defendant’s premises revealed 89 different types of rice, all bearing the DAAWAT’s trademark. The Court ruled the defendant’s actions as intentional, and impermissible since the products were meant for human consumption, and held that no justification was possible for such use of counterfeit brand packaging.
Kerala Pavilion at IITF, Pragati Maidan attracts attention for GI tagged spices
At the International Trade Fair organized in the Pragati Maidan, New Delhi, the Kerala Pavilion attracted a sizeable mass of people for purchase inquiries related to spices and other GI-tagged products exclusive to Kerala. Much in line with the trend from previous years, the Kerala Pavilion was flooded with people who wished to purchase premium quality spices. The GI Tagged products from Kerala were available at the pavilion, especially Alleppey Green Cardamom, which was in great demand and sold out very quickly.
Meta Registers multiple domain to the web3
In an apparent move for brand protection, the tech company Meta Platforms moved on to register a multitude of domains to the web3, in rapid succession. These domains contained variations of their brand names, combined with common words popularly in use recently, such as crypto, blockchain, etc., and registered these names under various domain extensions, such as .net., .org, and .com.
Authored by Lavanya Anand (Associate, BananaIP Counsels) and Tanmaya Purohit (Intern, BananaIP Counsels).
This post is brought to you by BananaIP Counsels’ Trademarks and Copyright Attorneys
About BananaIP Counsels’ Trademarks and Copyright Attorneys
This Weekly Trademark Updates Bulletin is brought to you by the Trademarks and Copyright Division of BananaIP Counsels, a Top IP Firm in India. Led by Sanjeeth Hegde, BananaIP Counsels’ trademark and copyright attorneys are among the leading experts in the field. If you have any questions, or need any clarifications, please write to contact@bananaip.com with the subject: Weekly Trademark Update.
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