Category: Trademark

Milaap Social Ventures India Pvt. Ltd. vs. Google India Pvt. Ltd.

31st March, 2023 - 5:47 am Categories: Trademark

Introduction The plaintiff filed a lawsuit for an injunction to stop the defendants and respondents from using the trademark “MILAAP” illegally. The petitioners/plaintiffs in the lawsuit assert that they registered a trademark application for the registration of their mark after incorporating their office in Singapore and then in India. According to the plaint, the petitioners … Continue reading Milaap Social Ventures India Pvt. Ltd. vs. Google India Pvt. Ltd.

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Case Analysis: Pandrol Limited & Anr. v. Patil Rail Infrastructure Pvt.

29th March, 2023 - 6:58 am Categories: Copyright Trademark

Introduction The Plaintiff no.1 is the industry leader in rail fastenings and track elasticity solutions headquartered in the United Kingdom. The plaintiff no.2 is a joint venture between the plaintiff no.1 and Rahee Industries Ltd. The defendant no.1 is a company in the business of dealing in railway track engineering. Defendants no.2 to 5 are … Continue reading Case Analysis: Pandrol Limited & Anr. v. Patil Rail Infrastructure Pvt.

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Relief for Body Cupid Private Limited – Karnataka High Court restrains the sale of products under the marks which are identical and similar to Wow Skin Science

25th March, 2023 - 6:00 am Categories: Trademark

Body Cupid Private Limited, a leading manufacturer of premium-quality personal care and wellness products, owns the brands WOW SKIN SCIENCE, WOW LIFE SCIENCE and BODY CUPID. The products under the brand, are being sold under the brand since the year 2014. Recently, Body Cupid became aware that one Mr. Gaurav Bhadani, through Mahadev Enterprises based … Continue reading Relief for Body Cupid Private Limited – Karnataka High Court restrains the sale of products under the marks which are identical and similar to Wow Skin Science

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Delhi Hc’s Subway Judgement: When Is A Trademark Not Seen ‘As Whole’?- Part I

16th March, 2023 - 11:02 am Categories: Legal Issues Trademark

Introduction Recently a single bench of the Delhi HC gave an order in Subway IP LLC v. Infinity Foods & Ors.[1] (‘Subway’) using the rule of Anti-Dissection. In this case, although the single bench acknowledged the rule of Anti-Dissection but took a calculated detour to appreciate a dominant element of the two competing marks to … Continue reading Delhi Hc’s Subway Judgement: When Is A Trademark Not Seen ‘As Whole’?- Part I

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Case analysis: ISKCON v. ISKCON Apparel Pvt. Ltd.

15th March, 2023 - 12:27 pm Categories: Legal Issues Trademark

Introduction According to Investopedia a trademark is any name, sign, design, logo, or symbol that serves to distinguish the goods of one business from those of another[i]. However, Section 2(1)(zb) of the Trade Marks Act, 1999, defines ‘trademark’ as a mark which is capable of being represented graphically and capable of distinguishing the goods or … Continue reading Case analysis: ISKCON v. ISKCON Apparel Pvt. Ltd.

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Twitter’s Blue Tick and the Trademark Value it Holds

27th February, 2023 - 6:05 am Categories: Trademark

Introduction Twitter is undergoing massive changes since Elon Musk completed the company’s purchase for $44bn this month. The changes include Musk firing a majority of his staff, including top executives and reinstating Twitter accounts of various banned celebrities and politicians including rapper Kanye West and former US President Donald Trump. The most significant change is … Continue reading Twitter’s Blue Tick and the Trademark Value it Holds

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Examining Calcutta High Court’s Decision on Infringement in the “Amul” Trademark Conflict

24th February, 2023 - 7:35 am Categories: Legal Issues Trademark

Introduction In the recent case of the Calcutta High Court granted an interim relief in an issue about trademark infringement in favour of the well-known brand “Amul”. As per the facts of the case, the local cake/bakery shop is giving complimentary candles which are duly packed in a box having a similar logo to that … Continue reading Examining Calcutta High Court’s Decision on Infringement in the “Amul” Trademark Conflict

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Schneider Electric India Private Limited v. Millborn Switchgears Private Limited

22nd February, 2023 - 4:41 am Categories: Legal Issues Trademark

A Commercial Court in Bengaluru recently restrained Millborn Switchgears Private Limited from manufacturing, marketing, offering for sale and advertising any product under the trademarks “MU” and “MU-G” and under the registered design of Schneider Electric India Private Limited. The Additional City Civil and Sessions Judge (Commercial Disputes) passed an ex-parte injunction order in a commercial … Continue reading Schneider Electric India Private Limited v. Millborn Switchgears Private Limited

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Protection Of Domain Name And Related Disputes

20th February, 2023 - 6:26 am Categories: Trademark

Introduction The domain name, like any other source identifier in trademark law, can be used as a sign of a company’s goodwill. In the world of e-commerce, a company’s domain name selection can be a crucial marketing tool, if not the most crucial component of its online presence. Users frequently attempt to predict a company’s … Continue reading Protection Of Domain Name And Related Disputes

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Determination Of Jurisdiction In The Cyberspace From The Perspective Of Trademark Disputes, With Respect To CPC And Trademarks Act

11th February, 2023 - 5:54 am Categories: Trademark

Introduction In the Age of “If your business is not on the internet, then your business will be out of business”, it naturally follows that more and more disputes arise from forums operating in the nebula that is the World Wide Web. Section 20(c) of CPC, and more specifically, Section 134(2) of the Trademarks Act … Continue reading Determination Of Jurisdiction In The Cyberspace From The Perspective Of Trademark Disputes, With Respect To CPC And Trademarks Act

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