Auroville Foundation (Auroville) established in 1991 has brought a suit for passing off against Ramaniyam Real Estates Private Limited (Ramaniyam) to stop them from using the name “AUROVALLIE” in relation to real estate project or services in any manner. Auroville in the suit contends: Auroville Foundation is an administrative body of international cultural township, Auroville…
The container design was subject of design infringement and passing off dispute between two Bombay based manufacturer of plastic containers. The question before the Bombay High Court was whether the Defendant’s (Om Plast) product infringes the 1st Plaintiff (Selvel Industries) registered design. The designs of the plaintiff and defendant’s product can be seen below. Selvel has…
The Delhi High Court has recently ruled in a case brought by Carlsberg Breweries A/S against Som Distilleries and Breweries alleging design and trademark infringement, and passing off. Carlsberg’s claim was based on: • the unique and distinctive bottle and trade dress/get-up of its Tuborg beer bottle registered under the Designs Act 2000; • an…
The use of the word “HAUS” was the essence of dispute between two entities in food catering business. The Plaintiff, Foodcraft India Private Limited (Foodcraft) filed passing off action before the Delhi High Court against the Defendants, Saurabh Anand Trading & Ors (Saurabh), to restrain them from using the word “HAUS” in relation to business…
As e-commerce is slowly but steadily gaining ground and more consumers are going on-line for purchasing not only their daily needs but also home appliances and electronic products. In the current scenario, the IP owners are increasingly concerned with widespread availability of counterfeit and look-alike products on e-commerce platform. While IP owners would like that…
Ranjan speaks on Recent trends in Intellectual Property Panel discussion covering recent developments in the hardware, software and online space covering, FRAND, IP disputes and strategy. When 1 February 2016 – 3 February 2016 Where ITC Maurya, Delhi
The Indian Patent Office predicament over software patents continues. The patent office has issued another version of modified guidelines for the patentability of Computer Related Inventions (CRIs) on June 30th 2017. This is the third time the guidelines related to patentability of CRIs have been modified. The first version of the guidelines was issued on…
What are the criteria for applying to register a domain name in the ‘.in’ domain? No criteria are provided for registering a domain name in the following zones. In articular, it is not necessary for applicants to have a business presence in India, either directly or through a subsidiary: .in in in in in in…
What is protectable under Indian Design Act? A design protection is provided for new or original features of shape, configuration pattern, ornamentation or composition of lines or colours as applied to an article. It is to be judged solely by appeal to the eye. Can a priority be claimed based on an application outside India?…
A complaint is filed with the Crime Branch of Police supported with copies of our registration certificates and further evidence in support of goodwill and reputation of our mark. Generally the complaint is filed against unknown persons infringing/counterfeiting the goods/mark, to avoid any leakage by the police. How long criminal prosecution takes? Generally police takes…
What information/documents are required for filing a patent application in India? The following: title of the invention; complete specification describing the invention with at least one ‘claim’ (for filing a non-provisional application); drawings (if necessary in order to understand the invention) and statement of claims; certified priority documents (if priority is claimed),in the original language,…
What are the different kinds of mark that can be registered as trade-marks under the Trade Marks Act, 2009? Word marks, logos, signatures, names, devices, labels, ticket, letter, symbol, numeral(s) and/or any Combination of these Combinations of colors Is registration of a trade mark essential? Registration, though not essential, is advisable as it is prima…
