The Trade Marks Act, 1999 (act) protects trade marks and safeguards the rights of proprietors, who invest time and money building a reputation. […]
Assignment of trademarks reversed by NCLT’s Kolkata bench
Trademark
NEW BALANCE between Manufacturing and Selling Counterfeit Goods
The problem of counterfeiting, which especially involves the trademarks of another entity as their own, continues to be of major concern for India […]
Delhi High Court grants relief in PRESTIGE vs PARISTONE – a case of Design Piracy and Trade Dress Imitation
The Hon’ble Delhi High Court, vide its recent order dated October 19, 2023, in C.S. (Comm.) 915/2022, a suit for design and trademark […]
Red Bull Cuts Your Wings: The Discussion on Packaging and Colour Combinations
Recently, before the Delhi High Court, Red Bull (the Plaintiff) found themselves defending the unique colour combination they used on their products’ packaging. […]
Urgent Interim Relief as an Exception to the Rule under Section 12-A: The Case of Zee Entertainment Enterprises Ltd. v. Triller Inc.
The Plaintiff, Zee Entertainment, is a known entity in India’s media and entertainment sector that owns a large repertoire of copyrights in sound […]
Mom’s Magic faces backlash “Out of the Blue” by Good Day: The Principle of Anti Dissection versus Overall Similarities
In a recent trademark dispute, Britannia Industries Limited (Plaintiff) and ITC (Defendant) found themselves at odds over the packaging of their respective biscuit […]
When The Claim Of Disparaging Advertising Gets Far Too Stretched!
In a recent case, Tata Sons Pvt. Ltd. and Tata Consumer Products Ltd. (“Plaintiffs”) brought a suit before the Hon’ble Delhi High Court […]
Delhi High Court’s Insightful Decision in favour of Japan Patent Office against misuse of its Logo by Indian Entities
The Japan Patent Office (plaintiff) recently filed a lawsuit against 3 defendants: M/s. A2Z Glass & Glazing Co. & Ors., M/s Future Architectural Glass Fitting & M/s […]
Territorial Jurisdiction In Matters Relating To Trademark And Copyright Suits Revisited
In a recent decision of the Gujarat High Court, Hasmukhbhai Bhagwanbhai Patel versus Husenali Anwarali Charaniya1 in its order dated September 25, 2023, the Court […]
Defendants’ rights better balanced in interim injunctions
The way interim injunctions in intellectual property litigation are granted has recently seen a challenge to a core approach. The case of Silvermaple Healthcare […]