201904.29
10

Goodwill whether Territorial or Universal

The instant dispute between two entities in the hospitality industry over the mark INTERCITY for hotels revolves around prior adoption and use; whether use has to be considered in India or international use and adoption can be relied upon to claim superior rights. The Plaintiff, Intercity Hotel GMBH, Germany, (Intercity) has filed the suit before…

201903.31
11

Clog in Crocs enforcement strategy for its footwear design

Crocs is embroiled in several disputes with local footwear manufacturers in India (the defendants) to protect its clog design. Separate actions were brought by Crocs based on registered design and passing off to protect its footwear design. The lawsuits based on registered designs were dismissed as the court found no novelty in Crocs’ design based…

201903.08
9

The digital revolution and the future of India’s financial service brands

India is one of the most vibrant global economies thanks to its robust banking and insurance sectors. The country’s financial sector is undergoing rapid expansion, not only for existing businesses but also for new entities entering the market. The government has introduced several reforms to liberalise and regulate the financial sector, which comprises commercial banks,…

201903.06
9

Court holds owner of Trademarks are not expected to pursue every Infringer

Nizam, the title of ruler of Hyderabad in 18th century is known to Delhites as a restaurant chain that sells kebab rolls. The restaurant chain NIZAM’S is seeking to restrain its former franchisee from using the mark ‘New Nizam’s Kababs and Biryani’. The Plaintiffs, Rajesh Chugh and ors (Rajesh) filed suit against the Defendants, Chhavi…

201902.23
11

Special Bench permits Combining Design Infringement and Passing off action

The Special Bench comprising five judges of The Delhi High Court, recently decided maintainability of a composite suit in relation to infringement of a registered design and passing off in a case titled Carlsberg Breweries versus Som Distilleries and Breweries Ltd. The primary issue before the court was whether a composite suit joining the two…

201902.08
9

Supreme Court sets aside order in Monsanto case

The new year brought new hopes for Monsanto with the Supreme Court setting aside a Division Bench order of the Delhi High Court dated April 11 2018 which held the Monsanto patent for Bt cotton invalid. Background The genesis of the dispute between the parties is a sub-licence agreement dated February 21 2004 in which…

201902.07
9

Beauty may be ‘heavenly’ but not justifies use of ‘Miss Heaven’

Two cosmetic firms are at loggerheads over trademark rights in ‘Heaven’ for use in relation to cosmetics. Gurnam Singh (Gurnam) has filed a suit before the Delhi High Court to safeguard its rights in the registered mark Blue Heaven and restrain G.I. Cosmetics (GIS) from using the mark ‘Miss Heaven’ in relation to nail polish,…

201901.25
9

Court holds “Orchid” for education services is distinctive

Two education societies based in Pune are up in arms over use of the mark ORCHID in relation to providing education services/ running of a school. The present post discusses Appeal preferred by Sipra Education Society (Sipra) against the order of Pune District Court restraining them from using the mark “Spring Orchid”. Both Sipra and…

201901.22
9

Civil Imprisonment to Director for Trademark Violation

The Delhi High Court vide order dated 12th December, 2018 sentenced the Director of a company to fifteen days civil imprisonment for non-compliance of the injunction order. The dispute between the parties was over the mark CITI. The Plaintiff, Citi Group Inc. and Ors (Citi) filed suit against the Defendants, Citicorp Business and Financial Services…

201901.07
10

India – 10 Key IP cases and developments of 2018

Patent office take steps for being a Smart Office:The Indian Patent and Trademarks Offices have considered the need to build efficiency adapting technology to make prosecution quicker. Towards achieving this objective, both offices have now started to provide option of conducting hearing through video conferencing. In addition to this, the Controller General of Patents, Designs…