201806.21
2

Christian Louboutin red sole failed to qualify as a Trademark!

While Christian Louboutin had a favourable decision from European Court of Justice (ECJ), in similar circumstances, the High Court of Delhi dismissed its claim of exclusivity in the red colour for shoe sole on the ground that a single colour cannot be granted protection as a trademark.  The ruling came in the context of a…

201806.18
2

No Exclusivity in Abbreviated Form of Descriptive Words

VAC-PAC derived from the words Vacuum Packaging or Vacuum Pack was bone of contention between the parties dealing in welding electrodes. The Plaintiff, SuperonSchweisstechnik India Limited (Superon) filed a passing off action against the Defendant, Modi Hitech India Ltd (MHIL) seeking reliefs of injunction, delivery up, rendition of accounts and damages for use of the…

201806.13
2

What’s your preference Blacksmith or Goldsmith?

Can Goldsmith be confused for Blacksmith? The issue came up before the court in the context of a trademark infringement and passing off action brought by Jaideep Mohan (JM) against HUB International Industries (HUB). JM on the basis of its registered trademark BLACKSMITH for alcoholic beverages sought restraint order against HUB’s GOLDSMITH. JM’s case: They…

201806.04
2

Controller frowns upon parties for failure to disclose

In a recently decided post grant opposition filed by M/s GuanGXI LIUGONG MACHINERY CO. LTD against, J.C. Bamford Excavators Ltd.’s (herein after called JCB) patent (no. 251037) relating to an excavating and loading machine, the Controller of Patents  revoked the Patent for failure on part of the Patentee to timely provide the details of corresponding…