The parties are at logger heads over use of the brand ‘CYCLE. N. Ranga Rao & Sons Private Limited, the Plaintiff, brought trademark infringement and passing off suit against Sujatha Match Works, the Defendant. The Plaintiff claims that they have been using the “Cycle” trademark for incense sticks/agarbathies since 1981 and have built a strong…

Possibly, the first of its kind domain dispute (case no D2024-2516) before the WIPO Arbitration and Mediation where the Complainant was found to have impersonated the Respondent and its vice president Mr. Williams, and fraudulently tried to gain control of its domain name <qw.com>. Facts and Background Parties Involved: The Complainant was filed by Quickware,…

Sanofi-Aventis Deutschland GmbH (Sanofi) has filed this appeal before the Madras High Court against the order of the Assistant Registrar of Trademarks, Chennai in opposition proceedings dismissing opposition against the mark CALDALE of Jagdale Industries Private Limited (Jagdale). Sanofi, the registered proprietor of the mark, CARDACE in class 5 filed opposition against the mark CALDALE…

This decision (by the US Court of Appeals for The Third Circuit) has significant implications for social media platforms, not only in the US but globally, as it suggests that algorithmic recommendations can be considered first-party speech and therefore not protected under Section 230 of the Communications Decency Act (CDA). This could potentially open the…

Background: The convergence of various technologies on single devices has posed significant challenges to technology developers. The Appellant, BlackBerry Limited, a corporation organized under the laws of Ontario, Canada, specializes in providing telecommunication products, services, and solutions. The present appeal under Section 117A of the Patents Act, 1970, was originally filed by BlackBerry Limited before…

‘Tirupati’, the city where the famous Sri Venkateswara Temple sits atop one of the 7 peaks of Tirumala Hills is the bone of contention in the instant dispute between two entities for goods falling in class 17 The Plaintiff, Tirupati Structurals Limited (TSL) filed the suit, at the Delhi High Court, against the Defendant, Jai…

The rapid expansion of technology is leading to digital transformation in every walk of life. At the same time technological advancement has led to the creation of software/applications or tools that are being deployed for proliferation of Intellectual Property infringements for making profit. The recent trend is to create AI applications that can use name,…

The case involves a trademark dispute between Lacoste and Crocodile International Pte Ltd. over the use of a crocodile device on clothing articles. Lacoste initiated the lawsuit to protect their copyright and trademark rights in the crocodile device, which they claim is being infringed upon by Crocodile International. Lacoste in the lawsuit seeks a permanent…

The note discusses protection of tattoos as copyright work in India. People are fascinated by tattoos for several reasons: Self-Expression: Tattoos are a means of self-expression through creativity and originality. They allow individuals to showcase their personality, beliefs, and experiences in a unique and permanent way. Cultural Significance: Tattoos have been practiced since prehistoric times…

The case revolves around the use of specific alpha numerals in trademarks. The court ruled that if a particular alpha numeral, used as part of a trademark, is unique to a product and has become a source identifier, the proprietor of the trademark would be entitled to protection in respect of the said alpha numerals,…

Vans Inc., USA, (hereinafter referred to as “Petitioner”) filed rectification petitions seeking cancellation of FCB Garment Tex India Pvt. Ltd. and Fateh Chand Bhansali’s (hereinafter collectively referred to as “Respondent”) trademarks “IVANS” and “IV ANS NXT” (impugned marks) under Sections 47, 57 and 125 of the Trade Marks Act, 1999 (hereinafter referred to as the said…

Akzo Nobel Coatings International B V (Akzo) filed the suit against JK Cement Ltd (JK Cement) alleging trademark infringement, passing off, etc., and to restrain the latter from using the mark ‘WEATHERSHIELD’. This note discusses the contentions raised by the parties and the findings of the Court. The court examined various aspects, including the distinctiveness…