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Demystifying the Conundrum of Arbitrability of Disputes Concerning Trademarks
Introduction The Delhi High Court, through its judgement, in the recent matter of M/S. Golden Tobie Private Limited v. M/S. Golden Tobacco Limited, dated 04-06-21 delved into the interpretation of section 8 of the Arbitration and Conciliation Act in relation to the disputes involving Trademarks. The Hon’ble court considered this dispute concerning the breach of … Continue reading Demystifying the Conundrum of Arbitrability of Disputes Concerning Trademarks
Read more »Legality of Using Common Terms for Trademark in View of Various Indian Cases
“India is a multilingual country, which can make brand management difficult. The fact that one word may have many synonyms in another language, as well as the variety of languages and scripts, can increase the possibility of infringement and pass off”[1]. Trademarks are the intangible assets of the proprietor. A proprietor spends time and resources … Continue reading Legality of Using Common Terms for Trademark in View of Various Indian Cases
Read more »Hero Electric v. Lectro E-Mobility: Arbitrability of IP disputes
On 2 March 2021, the Delhi High Court settles the debate on Arbitrability of IP disputes in the case of Hero Electric Vehicles Pvt. Ltd. v. Lectro E-Mobility Private Ltd. [1]The case dealt with the dispute between the Munjal family groups over the trademark ‘Hero’.In this case, the Delhi HC indemnified the position of IP … Continue reading Hero Electric v. Lectro E-Mobility: Arbitrability of IP disputes
Read more »Offences under Copyright Act and Trade Marks Act: Bailable or Not?
Recently in the matter of Piyush Ranipa v. the State of Maharashtra, the Bombay High Court among other issues decided upon the question of whether offenses under the Trademarks Act, 1999 and the Copyright Act, 1957 are bailable offenses or not. In the present matter a company named ‘Jain Irrigation System’ i.e., the Complainant Company … Continue reading Offences under Copyright Act and Trade Marks Act: Bailable or Not?
Read more »Trademark Registration Procedure In U.S.
Introduction Once you have chosen your mark that you want to protect, the next step is the registration of that mark. In the U.S. the registration for the mark is done at the United States Patent and Trademark Office (USPTO) and the process of obtaining a registered trademark in the United States typically takes about … Continue reading Trademark Registration Procedure In U.S.
Read more »IPAB Puts Stay On Use Of Trademark N95
On 4th December 2020, the IPAB, Delhi passed an interim stay of operation on the trademark registration of the word “N95”- with registration number 4487559 in class 10. The rectification application was filed under section 57 of the Trade mark Act, 1000 for the removal of the “N95” label. The court held that N95 mark … Continue reading IPAB Puts Stay On Use Of Trademark N95
Read more »Delhi High Court: Dabur “Sanitize” Soap Can’t be confused with Dettol
The COVID-19 situation has changed the buying behaviour of consumers and in a way changed the way products are being produced to meet the needs of consumers. It has created variations of products in both the hygiene and immunity areas – and most products have found room for themselves in one of these two buckets … Continue reading Delhi High Court: Dabur “Sanitize” Soap Can’t be confused with Dettol
Read more »Mittal Electronics v Sujata Home Appliances- DHC dismisses Stay Application
In this case of Mittal Electronics v Sujata Home Appliances CS (COMM) 60/2020 the Delhi High Court on 9th September 2020 delivered a judgement on the Ad Interim Injunction Application filed by the Plaintiff under Order 39 Rule 1 ad 2 of CPC. The Plaintiff, Mittal Electronics, through their partners, filed a suit against the … Continue reading Mittal Electronics v Sujata Home Appliances- DHC dismisses Stay Application
Read more »Appointment of Shri. Bhirendra Prasad Singh as Technical Member of Trademark, Patents and Copyright at IPAB
In a recent development, ShirBirendra Prasad Singh, previously serving as the Assistant Controller of Patents & Designs and Group Leader of the Electrical and Electronic Group, the Indian Patent Office (IPO), Delhi, has been appointed to the posts of Technical Member (Patents), Technical Member (Trade Marks) and Technical Member (Copyrights) in the Intellectual Property Appellate … Continue reading Appointment of Shri. Bhirendra Prasad Singh as Technical Member of Trademark, Patents and Copyright at IPAB
Read more »Removal Of TradeMark From TradeMark Register Due To Non-Use
Introduction Section 47 of the Trade Marks Act, 1999[1] deals with the removal of the trade mark from the trade mark register on the ground of non-use and imposition of penalties thereof. An application under Section 47 of the act can be made by any aggrieved person to the Registrar or the Appellate Board for … Continue reading Removal Of TradeMark From TradeMark Register Due To Non-Use
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