202101.11
21

Celebrities Beware- think before you endorse a product!

In an interesting case, District Consumer Redressal Forum in Kerala (CC 345/12) recently passed an order penalizing the Malayalam movie actor Anoop Menon https://en.wikipedia.org/wiki/Anoop_Menon  and the manufacturers of Dhathri Hair Cream https://www.dhathri.com/hair-protector/p/15327821 for making false claims in an advertisement issued in 2012. The movie star and Dhathri were ordered to pay compensation to the complainant and a fine imposed…

202011.23
21

IP office Annual report shows vibrancy in Indian IP Environment

The Intellectual Property office has recently issued its Annual report for the years 2018-2019. Our post covers some interesting aspects of the report. Firstly, the report counts its notable achievement during the course of year as below: Simplification of the Patent procedures, Proposal for amending the Patents Rules in respect of revised definition of Start-up,…

202011.09
21

Court frowns upon suppression of material facts

Quests for personal gains have become so intense that those involved in litigation do not hesitate to take shelter of falsehood and misrepresent and suppress facts in the court proceedings. Materialism, opportunism and malicious intent have overshadowed the old ethos of litigative values for small gains. This post discusses the perils of suppressing material facts…

202010.23
21

Indian Patent Office rolls out a new Form for filing “Working Statement”

Working Statement required to be filed by patentees every year continues to be a controversial subject. The frequent change in forms and differing stand of the Patent Office has added to the confusion. The Indian Patent Office has, after more than two years of the consultation process with stakeholders draft form that it rolled out…

202010.12
21

High Literacy rate in Kerala, not the yardstick for assessing confusion

Can the state’s literacy rate be a criterion while deciding the likelihood of confusion between the trademarks? An appeal before the High Court of Kerala challenges the District Court’s finding holding “Kerala has a high rate of literacy; the deception on account of a deceptively similar trade mark is not possible.” Facts of the case…

202010.08
22

Securing your IP Assets in a Business Transaction

As Covid19 has created business uncertainty, the M&A activity, in general, has slowed down but still there are companies/businesses that are tapping crisis opportunity to make strategic acquisitions. We outline a few commonly asked questions from IP perspective in a transaction involving transfer of IP assets. I am acquiring a business what are the IP…

202010.07
21

Differing views emerge in BOAT Vs BOULT dispute

The post discusses an interesting decision by the Delhi High Court on similarity of marks BOAT and BOULT used for consumer electronic devices such as earphones, headphones, speakers, and other accessories. Imagine marketing Pvt. Ltd (“Plaintiff”), owner of the mark BOAT has brought this action against Exotic Mile (“Defendant”), owner of the mark BOULT alleging…

202009.15
20

Adoption of similar packaging for SELECT FLAKE cigarette boomerang on Godfrey

The two dominant players in cigarette category ITC Limited, (ITC) and Godfrey Philips (India) Limited (Godfrey) are pitted against each other over the use of mark FLAKE, and its packaging. ITC took Godfrey to Bombay High Court seeking injunctive relief for infringement of copyright, trademark and passing off in relation to use of similar trademark,…

202009.06
20

WHO OWNS MY PHOTO! – A look at the copyright in photographs

“In photography, there is a reality so subtle that it becomes more real than reality.”– Alfred Stieglitz It is a typical lockdown day. I take a photo of beautiful rain drops falling on my patio, and I enjoy it sipping a cup of tea. A picturesque moment! I click a photo, upload it on Instagram…

202009.03
18

Education is not a product of consumption- test of confusion has to be different

The matter pertains to use of the mark/name CHIREC for educational institute (Higher Secondary and High School), one in Hyderabad and the other in a remote district (Madhugiri Taluk) in the state of Karnataka. CHIREC is allegedly a coined word derived from ‘Children’s Recreation Centre’. Both parties assert rights over the mark/name CHIREC. The post…

202008.25
18

ITC loses its magic in Masala Noodles battle

In a much awaited decision, the High Court of Madras has finally cleared the air in the dispute regarding use of the words MAGIC/ MAGICAL and MASALA (a mixture of different spices used in Indian cooking) for food products. In 2013, the conflict had arisen between the two well established FMCG companies ITC Limited (“ITC”)…