In 1982, the Indian automobile market welcomed Suzuki Motor (hereinafter also referred to as the “Plaintiff”), a Japanese automobile company which collaborated with […]
Suzuki recognized as a well-known trademark in India
Trademark
Prior use of Trademark under Section 34- In “India” and “outside India”
The Trade Marks Act, 1999 palpably holds under Section 34 the first user rule. Section provides that a proprietor of a trade mark […]
Test For Determining Trademark Similarity For Nutraceutical Products Is The Same As The Test Applicable For Pharmaceutical
In a suit for trademark infringement and passing off filed by Sun Pharma Laboratories Ltd. for its mark GLOEYE against Ajanta Pharma Ltd, […]
Indian Trademark System 2019
In India, the Trade Marks Act, 1999 (“Act”) and the Rules there under guide the process of registration and enforcement of rights relating […]
Trade Secret: ‘Property right’ or ‘Relationship’ dispute’
World’s first trade secret was use a forceps for delivery. It is not surprising but true that the invention of forceps delivery was […]
No Trademark Rights On “CHUR CHUR NAAN
The Plaintiff claiming to be registered proprietor and user of the trademarks “CHUR CHUR NAAN” and “AMRITSARI CHUR CHUR NAAN” filed a suit […]
Calculating punitive damages in infringement
Although there have been several intellectual property (IP) infringement cases in India, most of the time the litigants either settle the dispute out […]
No ‘mini trial’ at interim injunction stage
The division bench of Delhi High Court, in its judgment dated 24 January 2019, upheld the single judge’s order refusing interim injunctions against […]
Delhi High Court Rules That Design Cannot Constitute Trademark
The definition of design as mentioned in the Indian Designs Act specifically excludes trademark and relying on this exclusion, the Delhi High Court […]
Non-conventional marks
What is the first scene that comes up when a Tom & Jerry episode is about to begin? The Lion’s Roar. What is […]