Category: Trademark Litigation

V Shrinivasan v. Music Academy: Way guided by the will?

Introduction Madurai Shanmukhavadivu Subbulakshmi is a name of great repute in the Carnatic Music. Golden legacy was left behind by the legendary singer who is still remembered for her brilliant work. To acknowledge the same, the Chennai Music Academy wanted to add M.S. Subbulakshmi’s name to the Sangita Kalanidhi Award. Yet, the Madras High Court … Continue reading V Shrinivasan v. Music Academy: Way guided by the will?

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No Physical Footprint, Real Legal Implications: Indian Trademark Law For Foreign Defendants

INTRODUCTION The Internet today has massively facilitated trade and business for people and companies across the globe by providing them a platform to ease the communication between the buyer and the seller. However, this facilitation of trade and business raises pertinent questions as to the laws which would govern the disputes arising in this internet … Continue reading No Physical Footprint, Real Legal Implications: Indian Trademark Law For Foreign Defendants

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Supreme’ Red-Box Logo Given A ‘Well-Known’ Mark Status by the Delhi High Court

Introduction Brand logos are one of the key identification factors of brands globally. Most brands register their trademark under the relevant law to prevent and punish any unauthorized usage. But some brands and their logos become so famous that even in the absence of registration, their logos get legal protection. The present case Chapter 4 … Continue reading Supreme’ Red-Box Logo Given A ‘Well-Known’ Mark Status by the Delhi High Court

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Case Analysis: P. Sundaram v. Asia Match Company

This interim order on the issue of whether the respondent, based on the location of their branch office, can maintain the present suit within the territorial jurisdiction of the present Court, i.e., a question on the issue of the jurisdiction of the commercial division. The case originally was filed by Respondents in this case who … Continue reading Case Analysis: P. Sundaram v. Asia Match Company

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Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting

Background The Bombay High Court has passed an order in Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr[1] imposing costs of INR 5 Crore to be paid by the defendants who were caught counterfeiting the Plaintiff’s mark and goods. In a global economy, counterfeiting activity is a challenge that impacts business … Continue reading Nippon Steel & Sumitomo Metal Corporation Vs Kishor D Jain & Anr – Trademark Counterfeiting

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Khurana & Khurana Opens Jalandhar (Punjab) Office

Khurana & Khurana, Advocates and IP Attorneys (K&K) along with its IP Asset Management Practice, IIPRD, are happy to announce that they are expanding to Punjab and opening up their new branch Office in Jalandhar,  w.e.f *insert date*, in wake of its growing Intellectual Property (IP) and Commercial Litigation Practice, and with an intent to … Continue reading Khurana & Khurana Opens Jalandhar (Punjab) Office

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Criminal & Civil Prosecution for Copyright/Trademark Violation

If any brand’s product is genuine & original, then it enjoys a substantial amount of recognition in the eyes of its potential customer, therefore it is necessary to protect the commercial value of any product offered by such brands and the said protection is provided through Intellectual Property Rights associated with the product i.e. Trademark, … Continue reading Criminal & Civil Prosecution for Copyright/Trademark Violation

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SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

The concept of trade dress, although closely associated with trademarks is not explicitly recognized in Indian legislations unlike its U.S.A. counterpart. In Indian context, upon looking closely at the definitions of “mark” and “package” under S. 2 of the Trade Marks Act, 1999 we see that the trade dresses are also protected. To define it, … Continue reading SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

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Denial of Injunction on the grounds of Acquiescence and Delay by Plaintiffs: SRF Foundation v. Ram Education Society

Devina Choubal, an intern at Khurana & Khurana looks into grounds of denial of injunction by analyzing the recent case of SRF Foundation v. Ram Education Society. FACTS: ‘SRF Foundation’ plaintiff no.1 is a registered non-profit society engaged in several social and community work including running schools such as “The Shri Ram School”. The name/mark … Continue reading Denial of Injunction on the grounds of Acquiescence and Delay by Plaintiffs: SRF Foundation v. Ram Education Society

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Criticism Sites using Confusingly Similar or Identical Domain Names

Medhavi Singh, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks into a trademark litigation relating to criticism sites using confusingly similar or identical domain names. Cybersquatting is the buzz word in the arena of domain name disputes and various.IN Domain Name Dispute Resolution Policy (INDRP) and Uniform Domain Name Dispute Resolution Policy (UDRP) … Continue reading Criticism Sites using Confusingly Similar or Identical Domain Names

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