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Relief for The Wellness Shop – Commercial Court at Bangalore restrains the sale of counterfeit products bearing identical trade mark and trade dress as that of The Wellness Shop
Urbaine Consumer India Private Limited is a leading entity engaged in marketing and selling ecologically conscious, cruelty-free and safe skincare, hair care, body care and wellness products under its brand “The Wellness Shop”. On becoming aware of counterfeit versions of its “Turmeric Facial Wax” being sold on e-commerce platforms, Urbaine Consumer India Private Limited approached … Continue reading Relief for The Wellness Shop – Commercial Court at Bangalore restrains the sale of counterfeit products bearing identical trade mark and trade dress as that of The Wellness Shop
Read more »Yahoo! Inc. v. Akash Arora & Anr(1999) Delhi HC
Introduction The issue at hand is considered to be one of the most important examples of cybersquatting in India. The illegal practice of registering a well-known brand or business name as a domain name in order to drive traffic and increase earnings to one’s website is referred to as cybersquatting. The act of Akash Arora … Continue reading Yahoo! Inc. v. Akash Arora & Anr(1999) Delhi HC
Read more »Relief for Body Cupid Private Limited – Karnataka High Court restrains the sale of products under the marks which are identical and similar to Wow Skin Science
Body Cupid Private Limited, a leading manufacturer of premium-quality personal care and wellness products, owns the brands WOW SKIN SCIENCE, WOW LIFE SCIENCE and BODY CUPID. The products under the brand, are being sold under the brand since the year 2014. Recently, Body Cupid became aware that one Mr. Gaurav Bhadani, through Mahadev Enterprises based … Continue reading Relief for Body Cupid Private Limited – Karnataka High Court restrains the sale of products under the marks which are identical and similar to Wow Skin Science
Read more »Case analysis: Akash Aggarwal vs Flipkart Internet Private Limited and Ors. CS (COMM) 492/2022
Introduction: Facts Of The Case The Delhi High Court declared that the e-commerce platform Flipkart’s provision allowing 3rd party merchants to grab on to a more popular brand’s name amounts to passing off. In the current case the suit had been filed by the plaintiff Mr. Akash Aggarwal for seeking permanent and mandatory injunction for copyright infringement … Continue reading Case analysis: Akash Aggarwal vs Flipkart Internet Private Limited and Ors. CS (COMM) 492/2022
Read more »Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark
The right to sue for infringement of his mark is the most significant right conferred upon a registered proprietor by the Trade Marks Act, 1999 (Hereinafter, “TM Act”). However, can one registered proprietor claim the exclusive right to use a trademark against another proprietor who has obtained a registration for an identical or very similar … Continue reading Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark
Read more »Havells v Panasonic : Delhi High Court on Composite Suits for Passing off and Design Infringement
Although both registered designs and trade dresses protect aesthetic features, they differ in their scope. While design protection is restricted to those visual elements that are explicitly included in the registration, the trade dress of a product refers to its overall look and feel, and the visual impact it has on consumers. Therefore, the trade … Continue reading Havells v Panasonic : Delhi High Court on Composite Suits for Passing off and Design Infringement
Read more »MakeMyTrip vs Booking.com- Injunction on the usage of Adwords
Infringement and Passing off of trademarks are strictly prohibited by the legal provisions and judicial precedents. When a person uses a trademark without permission, it amounts to infringement. Passing off involves creating some false representation that is likely to lead someone to believe that the goods or services are those of someone else. The organization … Continue reading MakeMyTrip vs Booking.com- Injunction on the usage of Adwords
Read more »The Issue Of Transborder Reputation Of Trademarks
With the rapid growth of technology, it is possible to be aware of the most significant and insignificant events in the world, be it political awareness, social awareness, entertainment as well as the reputation of a brand. The trans-Border reputation of brands in general means when a brand is gaining popularity not only in its … Continue reading The Issue Of Transborder Reputation Of Trademarks
Read more »Plaintiff and Defendant Case : Bengaluru Court Passes Interim Order Restraining The Access Of The Software “PKMP” And The Use Of The Trade Name “APL”
Plaintiff and Defendant Case: The Commercial Court of Bangalore in an original suit granted ex parte interim injunction against a party for breach of non-disclosure agreement, misappropriation of intellectual property, and passing off. The Plaintiff, a pharma software solution company, hired Defendant to develop a software, “Pharmacokinetic Modeling Program” (PKMP), which is used for supporting … Continue reading Plaintiff and Defendant Case : Bengaluru Court Passes Interim Order Restraining The Access Of The Software “PKMP” And The Use Of The Trade Name “APL”
Read more »COVID-19 as an excuse for Passing Off: Rejected by Madras High Court
FACTUAL MATRIX: This matter was filed for the permanent injunction against the actions of Defendant, three applications were filed on behalf of Plaintiff, praying for granting interim relief. A Prima facie case was made out and hence an interim injunction was granted in favor of Plaintiff on April 30, 2021. As per this order, it … Continue reading COVID-19 as an excuse for Passing Off: Rejected by Madras High Court
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