Category: Trademark

Process Of Registration Of Trademark In Nepal

8th July, 2023 - 10:18 am Categories: Trademark

Definition Of Trademark Trademark is defined under Section 2 (c) of The Patent, Design and Trade Mark Act, 2022 (1965) as any word, or symbol, or picture, or combination which is used by any individual or firm or company in their goods or services in order to distinguish the same from the goods or services … Continue reading Process Of Registration Of Trademark In Nepal

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Intermediaries And Their Liabilities: Analysis Of Christian Louboutin Vs Nakul Bajaj

23rd June, 2023 - 6:52 am Categories: Trademark

Introduction The advent of e-commerce has revolutionized the way people shop and conduct business. With the ease of online transactions, e-commerce platforms have become an integral part of our daily lives. However, with the rise of e-commerce, trademark infringement issues have also arisen. In India, the e-commerce industry is booming, and the government has implemented … Continue reading Intermediaries And Their Liabilities: Analysis Of Christian Louboutin Vs Nakul Bajaj

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Delhi High Court Orders Removal of ‘Nikind’ Mark from Trade Marks Register for being Deceptively Similar to ‘Nimekind’ Mark

29th May, 2023 - 12:35 pm Categories: Trademark

Introduction In the case of Mankind Pharma Limited v. Arvind Kumar and Anr.[1], the Delhi High Court directed the removal of the ‘Nikind’ mark from the trade marks registry, for being identical and deceptively similar to the mark ‘Nimekind’ owned by the Indian pharmaceutical & healthcare company, Mankind Pharma Limited. The Petitioner was engaged in … Continue reading Delhi High Court Orders Removal of ‘Nikind’ Mark from Trade Marks Register for being Deceptively Similar to ‘Nimekind’ Mark

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LT Foods Limited v. Saraswati Trading Company [2022 SCC OnLine Del 3694]

24th May, 2023 - 12:34 pm Categories: Business Trademark

LT Foods, a leading food manufacturing and processing company known for its rice products, including for its popular brands Daawat, Daawat Devaya, Daawat Bestow and Chef’s Secret, filed a suit against the Defendant, Saraswati Trading Company, for trademark infringement. In August 2021, the Plaintiff discovered the Defendant’s activities of selling, storing, and distributing counterfeit “Daawat” … Continue reading LT Foods Limited v. Saraswati Trading Company [2022 SCC OnLine Del 3694]

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The High Court of Delhi Grants Permanent Injunction in Favour of Louis Vuitton

19th May, 2023 - 7:27 am Categories: Legal Issues Trademark

Introduction The High Court of Delhi (“the Court”) on 18th April 2023, in Louis Vuitton Malletier vs Santosh & Ors.[1], issued a permanent injunction restraining the Defendants from infringing and selling counterfeit products under the Plaintiff’s luxury brand “Louis Vuitton”. The Court also ordered the Defendants to pay INR 9.59 Lakhs as damages and costs … Continue reading The High Court of Delhi Grants Permanent Injunction in Favour of Louis Vuitton

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Dabur vs. Dhruv Rathee

18th May, 2023 - 6:25 am Categories: Trademark

Introduction Dabur claimed that Dhruv Rathee’s video unfairly compared carbonated drinks with ready-to-serve (RTS) fruit beverages, causing a generic disparagement of all packaged drinking fruit juices. Dabur also alleged that the video specifically targeted its Real fruit juices by using partially blurred Real logos and promotional advertising clips. The court recognized that while dissemination of … Continue reading Dabur vs. Dhruv Rathee

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RPG Enterprises Limited v Riju Ghoshal Trading As RPG

13th May, 2023 - 9:59 am Categories: Trademark

Introduction The plaintiff company is an Indian industrial group with over twenty years of business. The adoption of its trademark RPG originates from the company’s founder and well-known industrialist Mr. Rama Prasad Goenka. Over the years, RPG and the companies in its group have adopted a number of stylized/descriptive trademarks, including the mark RPG, to … Continue reading RPG Enterprises Limited v Riju Ghoshal Trading As RPG

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Winzo vs. Google

4th May, 2023 - 11:06 am Categories: Trademark

Introduction Industries are implementing measures to sell their own products and improve client appeal as a result of rising worldwide competition. They occasionally have a tendency to promote their goods during this process at the risk of dishonouring or delegitimizing the product of their competitor. As a result, trademark law claims of “disparagement” are frequently … Continue reading Winzo vs. Google

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Toyota vs. Jidosha Kabushiki

1st May, 2023 - 7:09 am Categories: Legal Issues Trademark

Introduction Toyota claimed to have launched its product- a minivan, under the name Alphard in 2002, stating that they have been using it in China, Russia, Indonesia, Philippines and Japan. In India, Toyota has filed an application to register the mark on a “proposed to be used” basis, under class 12 (Vehicles; apparatus for locomotion … Continue reading Toyota vs. Jidosha Kabushiki

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Sun Pharma vs. Hetero Healthcare

28th April, 2023 - 6:19 am Categories: Legal Issues Trademark

Introduction Under Class 5 of the Trade Marks Act, 1999, Sun Pharma has registered the mark “LETROZ,” which refers to a medication used to treat advanced breast cancer. “LETROZOLE” is one of its active ingredients. Sun Pharma sued Hetero Healthcare Ltd. for using the mark “LETERO” on the basis of trademark infringement and passing off. … Continue reading Sun Pharma vs. Hetero Healthcare

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