In the current times, trade dress (e.g., packaging, colour scheme and overall appearance) along with a product name has a lasting impact on the consumer experience and brand recall. The trade dress of the product is being given special attention by the brand owners to distinguish their products from competitors and build affinity for their…
The parties in this case AMPM Fashions Pvt. Ltd, the Plaintiff (AMPM ) and Akash Anil Mehta and others, the Defendants (Akash) are locked in a battle, concerning the use of the trademark ‘AMPM’. The rival trademarks are set out below: AMPM Fashions Pvt Ltd, the Plaintiff (AMPM) filed the action before the Delhi High…
The Indian healthcare sector is expected to reach market size of US$ 500 billion by 2022. The key the key contributors to growth are rising income levels, greater health awareness, increased lifestyle diseases among the urban population, and improved access to insurance amongst others. As of July 2021, as per the data available, the number…
The Indian government in its annual Budget presented for the financial year 2022-23 for the first time defined Virtual Digital Assets (VDA), which includes both crypto and NFT. The government also introduced a special provision to tax gain made on VDA trading by 30%. The reason for this tax was phenomenal rise of such transactions…
Top Ten Tips about Indian trademark practice Indian trademarks law allows filing and registering a mark on the basis of “intention to use” the mark in India. Thus, unlike US trademark practice, brand owner is not required to show actual use of the mark before a mark is registered or within 6 months of registration….
As online gaming industry is gaining traction among the internet savvy generation, the disputes on branding and IP issues had to follow. The post discusses two entities operating online gaming platform pitted against other for the mark ‘Baazi’ (an urdu word that commonly refers to a ‘bet’ or ‘game’). The Plaintiff, Moonshine Technology Private Limited…
Basmati is India’s great contribution to the world of gastronomy. People the world over recognise it as a long grain aromatic rice grown in the foothills of the Himalayas. Basmati is popular due to its distinct flavour, aroma, taste, and soft and fluffy texture upon cooking. The agro-climatic conditions of the specific geographical region where…
The case highlights that due diligence must precede business diversification and new brand adoption. The Plaintiff, Nureca Limited (Nureca), filed the suit to restrain the Defendant, Thaker Brothers (Thaker) from using the mark Doctor’s Trust in relation to blood pressure monitors, pulse oximeters, blood glucose meters, infra-red thermometers. Thaker has filed application to set aside…
The craze for fantasy sports and other online games played with real money has skyrocketed with several apps mushrooming in last 2 years to catch consumers attention. A few of the popular ones are listed below Dream11.com. Paytm First Games. Qureka. Loco. My11Circle. Ace2Three. 8 Ball Pool. Pokerbaazi.com. According to a FICCI-EY report, the Indian…
Use of the name ‘Krishna’, one of the most revered Hindu God is the subject of trademark dispute between two sweet manufacturers. The Plaintiff, Sri Krishna Sweets Pvt. Ltd, filed the suit before the Addl. City Civil Judge, Bengaluru, alleging trademark infringement, passing off, etc, against the Defendant, Sri Krishna Sweets. An injunction application was…
