In this case, the question before the Court was whether the goodwill and reputation, though garnered abroad, is so considerable that it has spilled over to India to confuse or deceive a customer of average intelligence and imperfect recollection. Bolt Technology Ou (‘Bolt’) filed the suit against Ujoy Technology Private Limited and Ors (Ujoy), alleging…

Does the combination of the words ‘SCHEZWAN’ and ‘CHUTNEY’ makes it arbitrary and justifies the claim for exclusive use?  This is the crux of the issue in the instant dispute before the Delhi High Court. The Plaintiff Capital Food Pvt. Ltd (Capital Food) has filed the suit against the Defendant, Radiant Indus Chem Pvt. Ltd,…

Whether the rights of a registered proprietor in a mark planned for future utilization can be nullified by someone who deploys a similar mark after the filing date of the first mark and before the date of actual use by the registered proprietor. The issue has been debated earlier and has come up in this…

A total of 22,699 design applications were submitted, an increase of 59.38% from the previous year The number of applications that originated from India during 2021-22 was 18,851, and the foreign applications were 3848. Thus, number of applications originating from India was about 83% of total filing. The top 7 Indian applicants were 1) Chitkara…

The annual report released by the Controller General of Patents, Designs, and Trade Marks (CGPDTM) for 2021-2022 shows interesting developments and insights into the working of the Copyright Office. Filing of copyright applications increased by 26.74%, while copyright registration increased by 26.06% compared to 2020-2021. Online application filing reached 94% of the total applications. Green…

The Intellectual Property Office has recently issued its annual report for the year 2021-2022. Our post covers some key aspects. The report mentions that fee concessions and provisions for the expedited examination have been given to specific categories of applicants, including Startups, MSMEs, and female applicants, to encourage IP filing in the sectors of critical…

Dispute arose between Intercontinental brands and Parle over the mark FAB!O, when Parle in or around January, 2020, introduced its range of vanilla cream filled chocolate sandwich biscuits under the brand FAB!O. Prior to 2020, Parle was using the brands FAB and FAB! for biscuits. Facts and Background Intercontinental Great Brands (Intercontinental) the owner of…

When a brand owner seeks an injunction against a counterfeiter, he expects them to comply with the court order. If the counterfeiter continues to sell the counterfeit goods in contravention of the court order, the brand owner wants the Court to come down heavily on such wrongdoers and impose heavy fines. The post discusses a…

Two entities dealing in footwear lock horns over the mark ‘FOOTLOCKER’ before the Delhi High Court. The Plaintiff, Foot Locker Retail, Inc., filed the suit alleging trademark infringement, delivery or rendition of accounts, etc., and to restrain the Defendant from using the mark in relation to their business. The post discusses arguments advanced by the…

“When I bring to you coloured toys, my child, I understand why there is such a play of colours on clouds, on water, and why flowers are painted in tints.” – Rabindranath Tagore Introduction Currently, there are over 450 products that fall under the scope of mandatory Bureau of Indian Standard (BIS) certification, like CE…