Trademark

Subscribe to Trademark via RSS

CAM COMMENT: The Calcutta High Court’s new IP Division recently set aside the Deputy Registrar of Trademark’s unreasoned orders that allowed the registration of the “Dunlop” word mark for eight product categories on a “proposed to be used” basis. This landmark judgment, arising from appeals filed by Sumitomo Rubber Industries, underscores the critical importance of procedural fairness, detailed consideration of material facts (including fraud allegations), and the necessity for reasoned decisions in intellectual property adjudication before the new IP Division. It serves as a significant precedent, emphasising rigorous standards for trademark registration processes and judicial review within the new specialised divisions.Continue Reading Calcutta’s New IP Division Delivers Landmark Judgment: Sets Aside Unreasoned Trademark Orders

Weather “CROMPTON PEBBLE” and “PEBBLE” are similar or identical?

Crompton Greaves Consumer Electricals Limited’s (Crompton) appeal has been dismissed, upholding the order that restrains Crompton from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in electric irons under the impugned “PEBBLE” trademark, due to V Guard Industries Limited’s (V Guard) application.Continue Reading Whether “CROMPTON PEBBLE” and “PEBBLE” are similar or identical?

Royally Challenged or Legally Sound? Examining Trademark Law through RCB v. Uber India

In the vibrant world of cricket, a sport intricately linked to the country’s cultural tapestry, fan banter — whether between individuals or Corporates — is not merely accepted; it is cherished. Yet, there lies a fine line between good-natured ribbing and the realms of trademark infringement or disparagement. When does humorous exchange tip over into the perilous territory of legal breach? This very question was at the heart of a recent Delhi High Court case, Royal Challengers Sports Private Limited v. Uber India Systems Private Limited & Ors., which saw the popular IPL franchise Royal Challengers Bengaluru (RCB) clashing off-field with ride-hailing giant Uber India.[1]Continue Reading Royally Challenged or Legally Sound? Examining Trademark Law through RCB v. Uber India

Reptilian showdown in Court

In a landmark decision that concluded a protracted legal saga, the Delhi High Court (“Court”) has recently resolved a 23-year dispute between two global fashion titans – Lacoste S.A. (“Plaintiff”) and Crocodile International Pte Ltd (“Defendant”). The Court issued a permanent injunction against the Hong Kong-based Crocodile International, prohibiting the use of the Crocodile trademark, which was found to infringe upon the iconic trademark of the French luxury sportswear brand, Lacoste.Continue Reading Reptilian showdown in Court

Evaluating principles in use of trademark as keyword and intermediary liability

Introduction

The division bench of the Hon’ble Delhi High Court recently agreed with the findings of the single judge of the Hon’ble Delhi High Court in Google LLC Vs. DRS Logistics and held that Google cannot escape liability in case of trademark infringement by an AdWord, by claiming benefit of safe harbour provisions under the Information Technology Act, 2000.Continue Reading Evaluating principles in use of trademark as keyword and intermediary liability

Intellectual property (IP) forms part of our overall growth strategy. This is the message that the Indian government is sending out like never before, as is evident from a number of measures that have been put in place in recent times. The trends show that the government is keen not just to augment efficiency at the Controller’s office, but also to make an effort from a regulatory and legislative perspective. Some of the changes strongly reflect the government’s resolve to push for massive digitisation to strengthen transparency and bring uniformity and consistency into the way the Intellectual Property Office (IPO) functions. The changes are aimed at boosting investor confidence in the long term and signal that India is a pro-IP destination with a conducive environment for innovation and the protection of IP.

The IP regime has been on course to harmonise with internationally accepted jurisprudence ever since India signed up for the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs) with new laws, regulations and authorities set up one after the other in compliance with the international obligations. Amendments in patent and copyright laws, new laws on trademarks, design, geographical indications, semiconductor topographies, plant variety and biodiversity marked the beginning of this century. Coupled with these legislative changes, there were also steady changes in the administration with new IP offices and infrastructure set up.Continue Reading Intellectual Property: On the Path to Reformation