202111.26
9

No exclusive rights in ‘City’ and ‘Collection’ holds Bombay High Court

The use of the common English words ‘City’ and ‘Collection’ is the primary issue in the appeal before the Bombay High court. Orange City Mobile Collection, dealing in mobile phones and accessories, has filed the appeal before the Bombay High Court against the judgment and decree of the District Judge-6, Nagpur restraining them from using…

202111.15
9

Relaxo asserts its Design in the Slippers to stop Aqualite’s use

Indian footwear market is estimated to be US $ 15.5 billion by 2022. With tremendous growth potential, the sector is witnessing an unprecedented investment and launch of footwear directed towards all segments of society. As disposable income rises among Indian consumers, they move up the value chain, demanding products for different uses and occasions. The…

202111.08
9

The battle over orange-red colour scheme for noodles wrapper

ITC filed the suit for passing off and copyright infringement before the Additional City Civil and Sessions Judge, Commercial Court, Bengaluru against CG Foods Pvt Ltd (CGF), makers of noodles under the brand ‘Wai Wai’. ITC alleged CGF has copied the visual appearance of Sunfeast Yippee Noodles wrapper . ITC seeks to restrain CGF from…

202110.11
9

Demand to clarify legality of NFTs in India grows

Non-fungible tokens (NFTs) have recently gained enormous traction in India. While the COVID-19 pandemic adversely impacted the art markets in India, NFTs bring hope to the artists and creators looking at the digital art markets to overcome traditional market barriers. Digital platforms can provide for artists to access a broader market base, gain better reach,…

202110.05
9

Renewable energy and Patents in India

India is the world’s third‐largest energy-consuming country with a population of approx. 1.3 billion. Studies indicate that energy use has doubled since 2000, with 80% of demand still being met by coal, oil, and solid biomass. The country’s economic growth demands increase in its energy resources, energy systems, and infrastructure. As per International Energy Agency…

202109.06
9

Madras High Court holds ‘Care’ to be generic

The case note illustrates the inherent difficulty in enforcing rights in a word that is descriptive of services. The Plaintiff, Praba’s V Care Health Clinic Pvt. Ltd (Praba) filed the suit against the Defendant, I-Care Aesthetic Clinic (I-Care), before the Madras High Court alleging trademark infringement, passing off, etc. Praba seeks a perpetual injunction restraining…

202108.27
9

ASCI unveils final Guidelines for Influencer Advertising on Digital Media

Influencer marketing globally is estimated to be a $ 1.75 billion industry. The trend is gaining traction in India, with more and more consumers buying goods online. The Advertising Standards Council of India (ASCI) to regulate this activity had issued the draft guidelines in February 2021 seeking feedback from all stakeholders – advertisers, agencies, influencers,…

202108.27
9

IP for Social Media Influencers and Content Creators

Social media influence is one of the most powerful and successful methods of marketing and advertising. According to a recent study conducted by Adlift, India’s influencer market is valued at $75-$150 million, while the international influencer market is valued at $1.75 billion and is likely to rise further. However, as social media platforms gain more…

202108.25
9

A comedy of errors

The plaintiff, TCF Entertainment Private Limited (TCF), filed the suit against Zee Entertainment Enterprises Limited (Zee) and another alleging trademark infringement on account of their proposed use of the mark ‘Comedy Factory’. Manan Desai, an Indian actor and comedian, originally conceived the mark ‘Comedy Factory’. The mark was later assigned to TCF who is the…

202108.24
9

Telangana High Court Rules ‘Tasty Drops’ similar to ‘Tasty Gold’

Rights over the mark ‘Tasty Gold’ are being asserted by Sri Tulasi Industries (Tulasi) against Sri Sapthagiri Industries and Ors (SSI) for using the mark ‘Tasty Drops’ for edible oil. At the time of admission, an ex parte interim injunction was granted by the District Court (Mahabubnagar). The injunction was set aside by the District Court after…