Tag: Trade Dress

Relief for The Wellness Shop – Commercial Court at Bangalore restrains the sale of counterfeit products bearing identical trade mark and trade dress as that of The Wellness Shop

16th September, 2023 - 10:37 am Categories: Trademark

Urbaine Consumer India Private Limited is a leading entity engaged in marketing and selling ecologically conscious, cruelty-free and safe skincare, hair care, body care and wellness products under its brand “The Wellness Shop”. On becoming aware of counterfeit versions of its “Turmeric Facial Wax” being sold on e-commerce platforms, Urbaine Consumer India Private Limited approached … Continue reading Relief for The Wellness Shop – Commercial Court at Bangalore restrains the sale of counterfeit products bearing identical trade mark and trade dress as that of The Wellness Shop

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Havells v Panasonic : Delhi High Court on Composite Suits for Passing off and Design Infringement

21st July, 2022 - 11:46 am Categories: Intellectual Property

Although both registered designs and trade dresses protect aesthetic features, they differ in their scope. While design protection is restricted to those visual elements that are explicitly included in the registration, the trade dress of a product refers to its overall look and feel, and the visual impact it has on consumers. Therefore, the trade … Continue reading Havells v Panasonic : Delhi High Court on Composite Suits for Passing off and Design Infringement

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Trade Dress Infringement on Rifle Scopes

28th April, 2022 - 11:38 am Categories: Legal Issues

The Plaintiff is into the business of making adjustable rifle scopes and several portions of the products are textured with so-called “knurling,” used mainly for providing grip to the products. This design is being used by the Plaintiff on rifle scopes since 2002. Till 2011 the product was being manufactured by a Sporting Goods factory … Continue reading Trade Dress Infringement on Rifle Scopes

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District Court Decides Which Party was the Wrongdoer in the Ballet Shoes Trademark Case

10th February, 2022 - 4:33 am Categories: Trademark

I.M. Wilson, is a Pennsylvania corporation which operates in King of Prussia in Pennsylvania and sells a variety of dance-related products, including ballet shoes and printed shoes. The founder of the corporation is Irene and the President is I.M. Wilson. OOO Grichko is a Russian company that manufactures and sells dancewear products, including ballet shoes … Continue reading District Court Decides Which Party was the Wrongdoer in the Ballet Shoes Trademark Case

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Case Analysis of Bacardi and Company Limited v. Bhahety Overseas Private Limited &Ors. CS(COMM) 464/2021 & I.A. 12323/2021

23rd November, 2021 - 5:35 pm Categories: Legal Issues

Sonam and Ria are friends. One day, they decide to get fruit juice from a store nearby to quench their thirst. They like on specific drink which is known as BREEZER. However, when they entered the store, they ended up buying a drink called FREEZMix which was placed right beside BREEZER. Thinking that it’s just … Continue reading Case Analysis of Bacardi and Company Limited v. Bhahety Overseas Private Limited &Ors. CS(COMM) 464/2021 & I.A. 12323/2021

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Case Comment on Delhi High Court holding “No Deceptive Similarity in the marks “Officers’s Choice” & “Fauji”

9th February, 2019 - 5:44 am Categories: Legal Issues

Case comment: M/S Allied Blenders and Distillers Pvt. Ltd. v. Govind Yadav & Anr. The Hon’ble Delhi High Court has recently held that there is no deceptive similarity between the marks “Officer’s Choice” and “Fauji” and has rejected Allied Blenders and Distillers Pvt Ltd’s trademark infringement suit for its mark ‘Officer’s Choice’ against the owner of … Continue reading Case Comment on Delhi High Court holding “No Deceptive Similarity in the marks “Officers’s Choice” & “Fauji”

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

12th November, 2016 - 5:51 am Categories: India News & Updates Trademark Trademark Litigation

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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