ONLINE MARKETING PLACES AND TRADEMARK INFRINGEMENT IN INDIA
ONLINE MARKETING PLACES AND TRADEMARK INFRINGEMENT IN INDIA: IPR Club Introduction Trademark refers to any logo, symbol, or mark used by a company or organisation for its specific identification. In simple terms, it may be called an identifying mark or symbol. These symbols may be used by companies or organisations so that they may stand […]
Zydus Wellness Products Limited vs Dabur India Limited: Case Brief
Zydus Wellness Products Limited vs Dabur India Limited: Case Brief IPR Club Brief Facts: Issue before the Hon’ble Court: Whether the impugned TVC is identifiable with Glucon-D and if so, whether it is disparaging? Arguments by the Plaintiff Zydus Wellness: Also Read: Foss v. Harbottle; 1843: Case Study Arguments by the Defendant: Laws considered in […]
Royal Orchid Hotels Ltd. v. Kamat Hotels Ltd: Case Study
Royal Orchid Hotels Ltd. v. Kamat Hotels (India) Ltd: Case Study Court: Supreme Court of India Case No: SLP (C) No. 6131 of 2017 Order dated: 14th December, 2017 Bench: RANJAN GOGOI, J. and R. BANUMATHI, J. FACT The Petitioner in present case, ‘Royal Orchid Hotels Ltd.’ has obtained registration of its trademarks ‘Royal Orchid’ […]
Coca-Cola Co. Vs. Bisleri International Pvt. Ltd., (2009)
Coca-Cola Co. Vs. Bisleri International Pvt. Ltd., (2009): Case analysis Introduction Trademark is an intellectual property that includes representations, signs, marks, expression, symbols, words or design which identifies the product or services of a particular business or brand. The owner of the trademark can be an individual, Business Corporation or any legal entity. There are […]
Doctrine of Deceptive Similarity under Trademark
DOCTRINE OF DECEPTIVE SIMILARITY Traditionally, likelihood of confusion as to the origin of a good or service was the only ground that resulted in infringement of the trademark. But as gradually the businesses evolved, there were some other grounds or factors also that caused infringement of one’s trademark and so a need was felt to […]
Intellectual Property Law- Nature and Scope- Our Legal World
Intellectual Property Law- Nature and Scope Introduction Intellectual Property (IP) deals with any primary production of human intelligence along with inventive, literary, technical or clinical structures. Intellectual Property Rights (IPR) refers back to the legal rights granted to the inventor or producer to guard their invention or manufacture product. These legal rights confer an extraordinary […]
Trademark of DISH in danger “Doordarshan” : Our Legal World
Trademark of DISH in danger : Our Legal World In the instant case the plaintiff i.e DISH TV filed a suit for permanent injunction against the defendant i.e Doordarshan from infringing the trademark of ‘DISH’ of the plaintiff and by passing on its services as that of plaintiff by adoption of name or symbol of […]
Bombay HC imposes exemplary costs on IPR infringement
In the case of Nippon Steel & Sumitomo Metal Corporation vs. Kishor D Jain and Anr, The petitioner filled a case against the defendants when a complaint was received by the former by Yanbu Steel Company which is a company based in Saudi Arabia. In their complaint the trading company mentioned in their complaint about […]
Dabur fights for its reputation
Dabur fights for its reputation Dabur had sought an interim injunction from the Delhi High Court on the ground that Emami’s advertisement was injurious to the reputation of Dabur’s product named Chyawanprash, the advertisement was scrutinized as it showed that other brands of Chyawanprash contained 50% of sugar as opposed to Emami’s product. This would […]
Delhi HC refuses BookMyShow an injunction against BookMyEvent
Delhi HC refuses BookMyShow an injunction against BookMyEvent Delhi High Court has refused to grant a temporary injunction Stating that ‘BOOKMY’ is a common English term, the in favour of online booking platform ‘BOOKMYSHOW’ against its competitor, ‘BOOKMYEVENT’. Women Army Officers Case: Clarified by SG on Gender Disparity in the Indian Army The order […]