202207.12
11

Coveted well-known trademark status conferred on DHL mark

In DHL International GmbH v DLH Express Services Private Ltd (22 April 2022), the IP Division of the Delhi High Court has not only restrained the use of a deceptively similar mark and logo, but also declared DHL to be a well-known mark. The conflicting marks are depicted below: Background DHL asserted rights in the trademark and…

202206.28
11

Gujrat High Court upholds whimsicality of the design

Design of an AC starter switch depicted below is bone of contention between the parties.   Gelco Electronics Pvt. Ltd (Gelco) filed the suit at the Gujrat High Court against the Defendant, Ellico Controls Pvt. Ltd, (Ellico) alleging registered design infringement and passing off. The injunction application filed by Gelco is being considered by the court….

202206.02
12

Is license required to play music at Weddings?

Background An interesting case has come up at the Delhi High Court on playing music/sound recording at the ‘marriage ceremonies’ which fall under the fair use exception under the Copyright Act. The case has been brought by Phonographic Performance Limited (PPL) that claims to be a performance rights organization that licenses its members’ sound recording…

202205.13
11

Social commerce – exploring a changed landscape

Dynamism is a characteristic feature of the Information technology sector that facilitates E-commerce. When consumers and businesses were just getting comfortable with traditional e-commerce, a new business model evolved owing to the demand for sustainability and profitability. This business model, which is a sub-set of E-commerce, is driven by the upsurge in the usage of…

202205.10
11

Delhi High Court vacates injunction for suppressing material facts

This order passed by the Delhi High Court emphasizes the perils of suppressing material facts when seeking an interim injunction. Plaintiff, Kent RO System Ltd, and Ors filed the suit against the Defendants, Gattubhai and Ors, alleging trademark infringement, passing off, etc., and restraining the latter from using the mark ‘KENT’ concerning their business. The…

202205.02
11

Delhi High Court Rules -‘DIL AFZA’ is not same as ‘ROOH AFZA’

Sharbat, a drink made from plant and flower extract with sugar is a popular summer drink in the Indian sub-continent. Buying a bottle of sharbat may involve emotions but those who appreciate this deep emotion would be the first to be able to distinguish between ‘Rooh’ (spirit) and ‘Dil’ (heart), the Delhi High Court said…

202204.26
10

Pepsico takes Red Bull by the horns

This order passed by the Delhi High Court emphasises the complexity of enforcing rights tag lines/slogans used in advertising a brand. Plaintiff, Red Bull AG (Red Bull) filed the suit against Defendant, Pepsico India Holdings Pvt Ltd & Anr (Pepsico), alleging trademark infringement and restraining the latter from using the tagline ‘STIMULATES MIND. ENERGIZES BODY’….