Category: Trademark Litigation

SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

The concept of trade dress, although closely associated with trademarks is not explicitly recognized in Indian legislations unlike its U.S.A. counterpart. In Indian context, upon looking closely at the definitions of “mark” and “package” under S. 2 of the Trade Marks Act, 1999 we see that the trade dresses are also protected. To define it, … Continue reading SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

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Denial of Injunction on the grounds of Acquiescence and Delay by Plaintiffs: SRF Foundation v. Ram Education Society

Devina Choubal, an intern at Khurana & Khurana looks into grounds of denial of injunction by analyzing the recent case of SRF Foundation v. Ram Education Society. FACTS: ‘SRF Foundation’ plaintiff no.1 is a registered non-profit society engaged in several social and community work including running schools such as “The Shri Ram School”. The name/mark … Continue reading Denial of Injunction on the grounds of Acquiescence and Delay by Plaintiffs: SRF Foundation v. Ram Education Society

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Criticism Sites using Confusingly Similar or Identical Domain Names

Medhavi Singh, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks into a trademark litigation relating to criticism sites using confusingly similar or identical domain names. Cybersquatting is the buzz word in the arena of domain name disputes and various.IN Domain Name Dispute Resolution Policy (INDRP) and Uniform Domain Name Dispute Resolution Policy (UDRP) … Continue reading Criticism Sites using Confusingly Similar or Identical Domain Names

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Win.rar wins over the Disputed Domain Name winrar.com under UDRP Proceedings: win.rar GmbH v. Win Road Assistance Repairs Pvt. Ltd

Recently, granting a major victory to our client, the World Renowned Data Compression Software System provider win.rar GmbH, Administrative Panel, WIPO under UDRP, in its recent decision vide Case no. D2015-0398, issued transfer of disputed domain name www.winrar.com  to win.rar GmbH. This article is to highlight the recent UDRP dispute wherein the Complaint was re-filed … Continue reading Win.rar wins over the Disputed Domain Name winrar.com under UDRP Proceedings: win.rar GmbH v. Win Road Assistance Repairs Pvt. Ltd

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Delhi High Court Stays Order Restraining Lupin From Using Disputed Trademark ‘LUCYNTA’

Reportedly, Hon’ble Delhi High Court stayed an earlier order, dated 26 February, restraining Lupin from using the trademark “LUCYNTA” for its medicines, said to be deceptively similar to the trademark “NUCYNTA” of Johnson and Johnson. It was argued on behalf of Lupin that Johnson and Johnson are neither selling any goods under the mark nor … Continue reading Delhi High Court Stays Order Restraining Lupin From Using Disputed Trademark ‘LUCYNTA’

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High Court grants injunction against Haricharan Singh from using Trade mark/Trade Dress similar to Trade Dress/Trade Mark “John Deere”

Recently, Delhi High Court passed an interim injunction against Harcharan singh & Anr from using any trademark/ trade dress similar to the trade mark “John Deere”. The plaintiffs Deere group commonly known as John Deere have filed suit for permanent injunction for restraining infringement, dilution of trade marks, passing off trade dress, unfair competition, rendition … Continue reading High Court grants injunction against Haricharan Singh from using Trade mark/Trade Dress similar to Trade Dress/Trade Mark “John Deere”

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Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

This article is relates to a recent judgment of Intellectual Property Appellate Board (hereinafter IPAB) dated 4th December 2014 in the case “E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors.” Brief Facts: On 11th March, 2009 the trademark registry refused the opposition of the E.I.DU Pont De Nemours & Company (appellant herein) and … Continue reading Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

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Emcure’s Notice of Motion succeeds against Corona Remedies: Bombay High Court

In the recent decision of Bombay High Court in the case of Emcure Pharmaceuticals v Corona Remedies, the Hon’ble court decided on the issue of deceptive similarity, acquiescence and balance of Convenience in favor of Emcure Pharmaceuticals. Facts of the case: The plaintiff’s trademarks ‘OROFER’ and ‘OROFER XT’ are registered as word marks since 1996 … Continue reading Emcure’s Notice of Motion succeeds against Corona Remedies: Bombay High Court

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ODISHA COURT ADMITTED CASE AGAINST AAMIR KHAN PRODUCTION’S PROPOSED ‘SATYAMEV JAYATE’ USE AS TRADE MARK

As per the sources, the court in the Odisha capital, Bhuvaneshwar has admitted a petition challenging Aamir Khan Production’s plans to use ‘Satyamev Jayate’, the national motto of India, as a business brand under which it is proposed to sell everything from kitchen utensils to footwear. A city based journalist and social activist, Dr. Subash … Continue reading ODISHA COURT ADMITTED CASE AGAINST AAMIR KHAN PRODUCTION’S PROPOSED ‘SATYAMEV JAYATE’ USE AS TRADE MARK

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PRINCIPLES OF ‘PRIOR ADOPTION AND USE’ VIS A VIS TRANSBORDER REPUTATION: JONES INVESTMENT CO V. VISHNUPRIYA HOSIERY MILLS

In the recent decision of Intellectual Property Appellate Board (IPAB) in the case of Jones Investment Co v. Vishnupriya Hosiery Mills, it was held that a multinational company cannot claim infringement of trademark by a local Indian company purely based on international presence, unless they can expressly establish that their presence extends to India or … Continue reading PRINCIPLES OF ‘PRIOR ADOPTION AND USE’ VIS A VIS TRANSBORDER REPUTATION: JONES INVESTMENT CO V. VISHNUPRIYA HOSIERY MILLS

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