201811.16
1

Customs Training Workshop

When November 16, 2018 Where Office of the Commissioner of Customs, Kolkata   Our Partner, Rahul Sethi have been regularly carrying out customs training workshop at various ports across West Bengal and North Eastern states with an objective to train customs officers in identification of counterfeit goods of rights holder. After custom trainings workshops at…

201811.14
8

How India is helping brands combat counterfeiting

India is removing policy barriers to attract investment, while policy initiatives designed to improve IP rights enforcement look set to yield results. However, the availability of infringing, counterfeit and lookalike products is also on the rise. To encourage IP rights holders to invest in the manufacture and distribution of their products in India, the government…

201810.24
8

Courts not to play role of a Technical expert

The Madras high Court in an Appeal from order of Intellectual Property Appellate Board (IPAB) opined the need and importance of the technical expert/ scientific advisor opinion in the patent disputes. Although, Section 115 of the Indian Patent Act provides for appointment of scientific advisor to assist the courts in providing opinion on technical aspect…

201810.22
7

Amway obtains ‘John Doe’ order to curb unauthorised sale

Recently, Amway Corporation (now known as Alticor Inc.) a direct selling company operating in consumer healthcare space obtained “John Doe” order from the Delhi High Court against the shopkeepers/stockist who were selling Alticor products through illegitimate and unauthorized channels. Alticor argued that they are a direct selling entity and in full compliance with the guidelines…

201810.15
7

Insecticides India emerges victorious in battle over “VICTOR”

Whether a statement made before the Trademark Registry in response to an examination report will act as an estoppel in a passing off action was the primary question in the instant suit. The Plaintiff, Insecticides (India) Limited (IIL) on the basis of its rights in the marks VICTOR and VICTOR formative marks in respect of…

201810.12
1

2018 Asia-Pacific Conference “Looking Beyond Trademarks” organised by INTA

When October 11 and 12, 2018 Where Hyatt Regency, Sydney, Australia   Rajiv Suri, Partner and Ajay Kumar, Managing Associate attended 2018 Asia-Pacific Conference “Looking Beyond Trademarks” held in Australia. The conference was attended by representatives and attendees from several international law firms and corporate houses which had commercial interest in the region.   Many…

201810.09
8

Fair and Lovely or Handsome Men!

Hindustan Unilever Limited (HUL) and Emami Limited (Emami) are locked in a battle to control market share over fairness cream for men. HUL’s product is marketed under the brand name “Men’s Fair & Lovely” and Emami’s under the name “FAIR AND HANDSOME”. The bone of contention is the advertisement in Hindi published by HUL pertaining…

201810.04
6

H&M obtains injunction against clone

Hennes & Mauritz AB (H&M), the famous clothing and accessories company was embroiled in a mega trademark dispute with HM Megabrands (Megabrands) before the Delhi High Court. The parties had a cross litigation in Bombay and Delhi courts. Megabrands brought groundless threat proceedings in Bombay and H&M filed a suit for trademark infringement and passing…

201809.24
6

Safeguarding dynamic marks and slogans in India

Fluid trademarks and slogans are excellent marketing tools as they engage customers and improve sales, but their enforceability remains challenging. Brands help businesses to create unique names and images for their products and services in consumers’ minds. The stronger the brand, the better its reach in attracting potential customers and retaining loyal ones. With the…