Tag: Passing off

No Physical Footprint, Real Legal Implications: Indian Trademark Law For Foreign Defendants

INTRODUCTION The Internet today has massively facilitated trade and business for people and companies across the globe by providing them a platform to ease the communication between the buyer and the seller. However, this facilitation of trade and business raises pertinent questions as to the laws which would govern the disputes arising in this internet … Continue reading No Physical Footprint, Real Legal Implications: Indian Trademark Law For Foreign Defendants

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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

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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

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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

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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

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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

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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

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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

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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

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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”

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