201802.22
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Bangalore’s real Adiga

Adiga, family name that originated from coastal belt of Karnataka was subject matter of dispute between parties in food business. The current post discusses an appeal filed by Adiga Sweets (AS) before the Karnataka High Court against the judgement of the Additional City Civil Judge, Bengaluru City. The City Civil Court had after trial granted…

201802.22
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Patent granted to Chocolate Flavour Tea

The current post draws its reference from a pre-grant opposition filed by FEDERATION OF ALL INDIA TEA TRADERS ASSOCIATION (FAIITTA) to a patent application bearing no. 3293/CHE/2011 titled “Process for preparing fresh Tea with chocolate flavour”. The Invention in summary relates to process for preparing fresh tea having chocolate flavour. According to applicant’s reply to…

201802.22
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The new mantra “Sell in India” to protect your brand

In the intensely fought litigation between the parties involving use of identical PRIUS mark/name, Supreme Court fired the final salvo on 14th December 2017 by holding that it is necessary to establish local goodwill and reputation of the trade mark to sustain an action for passing off. The court affirmed the decision of two judge…

201802.22
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The coveted status of “well known mark” eludes SAMSUNG

Recently, two different judges of the Delhi High Court while being asked to consider prayer for declaration of a mark as well known took completely different stand. The marks involved were: SAMSUNG and its oval shape device  Christian Louboutin’s ‘RED SOLE’ for shoes  The proprietors of above-mentioned trademarks sought relief to declare their trademarks as well-known…

201802.22
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Chill Barbie – freedom of speech and expression is sacrosanct

In an interesting dispute, Mattel, Inc., owner of the brand name BARBIE sought to seek an injunction for use of the mark BARBIE being used in a song of a movie Tera Intezaar. It was alleged by Mattel that the title and lyrics of the song used its registered and well known trademark “BARBIE” without…

201802.22
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Sue and Settle–no Damages please!

Quite often than not, IP cases result in settlement soon after injunction application is decided. In many cases an exparte interim injunction coupled with search and seizure (through local Commissioner) at the manufacturing unit of the infringing party results in sufficient pressure on the party to negotiate settlement. As a part of settlement, the Defendant…

201802.22
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‘SWAD’ (taste) for Rice not as tasty when it comes to enforcement

This post highlights challenges in enforcing descriptive marks. The marketers are of course more in favour of adopting descriptive marks given the consumer appeal and brand recall. On the other hand IP legal team would recommend staying away from descriptive words to be used as brands. The Court in this case was considering an injunction…

201802.22
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Court rejects ‘Turky’ is a geographical name

All Well Formulations (AWF), the defendant, aggrieved by the injunction order passed against them by the Additional City Civil and Sessions Judge, Bengaluru City, has filed the appeal before the Karnataka High Court. The Plaintiff Swati & Co (Swati) filed the action against AWF for infringement of trademark, design, passing off, etc. The High Court…

201802.22
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Territorial jurisdiction in the new interconnected world

The interesting issue in this case was whether the Plaintiff can invoke territorial jurisdiction of Delhi High court considering the Defendants were based in United Arab Emirates offering for sale their goods and services through App Store, Google Play Store and e-commerce portals such as www.amazon.in. The case concerns use of the mark ifit/IFIT on fitness…

201802.22
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Prior use becomes “Turning Point” and prevails over registration

The parties engaged in imparting educational and training services vie for rights in the mark “TP Turning Point”. The Plaintiff, Turning Point Institute Private Limited (TPIPL) filed the action before the Delhi High Court alleging passing off, damages, etc, against the Defendants, Turning Point (TP) for using an identical mark/name in relation to identical services,…

201802.22
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Bollywood Filmmakers clash over title that means My Best Friend’s Wedding

Bombay High Court recently ruled in a dispute concerning rights over the title of the Plaintiff’s film Veere Di Wedding which in English is stated to mean “My best friend’s wedding” which was alleged to be deceptively similar to the Defendant’s film title Veere Ki Wedding. The competing titles do convey the same meaning and…

201802.22
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Columbia Sportswear held guilty for suppression of facts

The Delhi High Court recently set aside the interim injunction granted in favour of Columbia Sportswear Company (Columbia Sportswear) and allowed Galaxy Footwear Pvt. Ltd. (Galaxy) to use COLUMBIA mark for footwear. The court in its ruling appears to have taken a narrow view of global reputation of COLUMBIA brand and spill over of reputation…