What US brand owners must know about India TM filling Practice

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….


Moonshine is the real Baazigar!

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 battles beset producers in India

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…


Madras High Court Reposes faith in ‘Dr Trust’ brand

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…


Fantasy or Reality – Leveraging Technology for money Games

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…


Sweet makers fight over the name ‘Krishna’

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…


Q&A – A Guide To The India IP Landscape

India is increasingly being recognised as a global innovator being in the top 50 innovating countries in the World Intellectual Property Organization (WIPO)’s Global Innovation Index (GII). However, The Economic Survey of the Indian Ministry of Finance published in 2021 shows that the majority of patent applications in India come from non-residents. Are you expecting…


FREEZ held to be phonetically similar to BREEZER

Bacardi and Company Limited (Bacardi), the manufacturer of alcoholic beverages and registered proprietor of the trademark BREEZER has filed a suit before the Delhi High Court alleging trademark infringement and passing off. Bacardi is aggrieved by Bahety Overseas Private Limited, (Bahety) adoption and use of the mark FREEZMix concerning non-alcoholic beverages. Bacardi in the suit…


Current Scenario of Artificial Intelligence and patent protection in India

Artificial intelligence is the ability of a computer or a robot to perform tasks commonly associated with intelligent beings or humans. This includes the ability to reason, make decisions and generalize based on data processing using algorithms. The pre-programmed computer can analyze data by studying the repeat patterns of human behavior and do intuitive thinking,…


Delhi High Court holds WOODS and WOODLEY to be similar

Is there copying of the dominant portion of the trademark? This short point has come up for consideration in the instant suit between two entities dealing in apparel. The Plaintiffs, Avtar Singh and Ors (Avtar), filed the suit before the Delhi High court, alleging trademark infringement and passing off against the Defendants, Sakshi Srivastava (Sakshi)…


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…