The parties are squabbling over design rights in metal tube primarily used in air-conditioners. The design infringement and passing off claim is brought by Mandev Tubes Private Limited (MTPL) against Mr Kalpesh Jain (KJ) for using metal/copper tube with identical design. The single judge of Bombay High Court on hearing the parties granted an injunction…
While Christian Louboutin had a favourable decision from European Court of Justice (ECJ), in similar circumstances, the High Court of Delhi dismissed its claim of exclusivity in the red colour for shoe sole on the ground that a single colour cannot be granted protection as a trademark. The ruling came in the context of a…
VAC-PAC derived from the words Vacuum Packaging or Vacuum Pack was bone of contention between the parties dealing in welding electrodes. The Plaintiff, SuperonSchweisstechnik India Limited (Superon) filed a passing off action against the Defendant, Modi Hitech India Ltd (MHIL) seeking reliefs of injunction, delivery up, rendition of accounts and damages for use of the…
Can Goldsmith be confused for Blacksmith? The issue came up before the court in the context of a trademark infringement and passing off action brought by Jaideep Mohan (JM) against HUB International Industries (HUB). JM on the basis of its registered trademark BLACKSMITH for alcoholic beverages sought restraint order against HUB’s GOLDSMITH. JM’s case: They…
In a recently decided post grant opposition filed by M/s GuanGXI LIUGONG MACHINERY CO. LTD against, J.C. Bamford Excavators Ltd.’s (herein after called JCB) patent (no. 251037) relating to an excavating and loading machine, the Controller of Patents revoked the Patent for failure on part of the Patentee to timely provide the details of corresponding…
The Office of the Controller General of Patents, Designs, Trademarks and Geographical Indications (Patent and Trademark Office) issued annual report for the year 2016-2017 analysing how the office has performed and listing out important achievement. The report is not only content reach but also aesthetically attractive compared to the reports of earlier years. Further, it…
Advancements in technology and expanding marketplaces have been key to successful licensing programmes in India over recent years. Local trademark owners and licensees should now follow in the footsteps of international brands and adopt licensing as a core revenue stream Over the past 10 years, brand consciousness has grown significantly in India, with companies using…
With recent advances in technology, as well as the ease of sharing, copying and storing information in the digital world, one of the biggest challenges that businesses face is the protection of their confidential business information. This information can include business strategies, proposals, client databases and information, compilations, designs, programmes, drawings, devices, formulae or compositions….
Introduction In the context of trademarks, it has often been debated, if a brand name is territorial with reputation restricted to the country where it is registered and used or the reputation can spill over into the territory outside of its use. The question becomes pertinent considering social media and digital applications have made it…
In Makemytrip (India) Private Limited v Orbit Corporate Leisure Travels (I) Private Limited, a travel company, MakeMyTrip (India) Private Limited, sought to restrain use of the mark GETMYTRIP on the basis of its registered rights in the mark MAKEMYTRIP. At the time of admission of the suit, an ex parte interiminjunction was granted by the…
The Trademarks Registry has implemented various changes to enhance the trademark filing system in India. An efficient registration strategy should help rights holders to reap the benefits of these updates Until recently, the Indian Trademarks Registry often featured in the news for the wrong reasons, coming under fire for the slow progress of cases, loss…
Geographical Indications (GI) constitute an important category of intellectual property (IP) law and are of particular significance to some countries. Most commonly, a GI includes the name of the place of origin of the goods e.g. Ceylon tea (from Sri Lanka), Champagne (sparkling wine for France), Havana cigars (tobacco from Havana), Bukhara (carpets from Uzbekistan)….
