‘Fair and Handsome’ v. ‘Glow and Handsome’; Calcutta HC rules in favour of Emami in Passing Off Dispute Against Hindustan Unilever
Unfair advantage through conscious adoption of a competitor’s mark leads to potential confusion and deception”
Trade Marks Act
‘AMUL’ has gained wide, comprehensive and nation-wide reputation; its protection transcends all classes having been declared a well-known mark: Delhi HC
“What is striking, in this case, is that Respondent 1 has produced no document whatsoever which would prove their use since 1957, as claimed.”
‘Right to use one’s name on one’s goods cannot be compromised’; Delhi HC denies injunction to Jindal Industries for mark ‘JINDAL’ against mark ‘RN JINDAL SS TUBES’
“The risk of having others bona fide using ‘JINDAL’ as a name for their products, and in the marks used on their products, is a risk that plaintiff consciously took, when it obtained registration of the mark ‘JINDAL’.”
Delhi High Court grants interim injunction to TiE Inc for its mark ‘TIE’/ ‘TiE Global’/ ‘THE INDUS ENTREPRENEUR’
“Balance of convenience lies in favour of plaintiff, and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.”
Delhi High Court denies interim injunction to Khadi and Village Industries Commission in a trade mark infringement dispute
“The terminus ad quem, by which date the plaintiff has to prove the acquisition of the requisite goodwill and reputation for a plea of passing off to succeed, is the date of commencement, by the defendant, of the rival mark.”
[Trade mark infringement] Madras High Court directs Registrar to notify the mark ‘Royal Enfield’ in register of well-known marks
Madras High Court said that in respect of the motorcycle industry, the trade mark ‘Royal Enfield’ is well-known, not only in India, but also in abroad. Their annual reports also prove that their turnover runs into several hundreds of crores of rupees and they have carved a niche for themselves in the motorcycle industry.
Beyond the Grave: Exploring the Legality of Posthumous Publicity Rights
by Dr Pratima Narayan*
‘CruzOil’ being a composite mark is excluded from Section 9(1)(b) of the Trade Marks Act and is registrable: Delhi High Court
The mark having a combination of words and devices had to be considered as a whole for the purposes of grant of registration.
Police not allowed to seal factory premises under Section 115 of Trade Marks Act: Bombay High Court
Bombay High Court explained that there is no power vested in the police under Section 115(4) of Trade Marks Act, 1999 to seal the factory premises, where the incriminating articles are situated.
Arbitrability of Intellectual Property Rights’ Disputes: An Affirmative Step
by Yash Vardhan Garu and Hetvi Mehta
Deciphering Territorial Jurisdiction in Online IP Infringement
by Aniket Aggarwal*
Madras HC | Neither Sunfeast Yippie Noodles nor Maggi Noodles can have monopoly over the words “Magic” and “Masala” as these words are common to the packaged food industry
Madras High Court: While deciding the question that whether the expression “Magic Masala” can qualify as a trademark and that whether it