Reiterating the “first in the market test”, Indian Court grants injunction in favour of H&M

The Delhi High Court recently restrained an Indian firm – HM Megabrand from using in any manner whatsoever the trade / service mark / trade name ‘HM /.HM. / HM MEGA BRANDS / .H M.’ or any deceptive variation/s thereof, singularly or in conjunction with any other word or monogram/logo or label in relation to their products/services/business Continue reading “Reiterating the “first in the market test”, Indian Court grants injunction in favour of H&M”

Copyright Office receives application for a new Copyright Society for Sound Recording works

Vide a public notice dated 22 May 2018 issued by the Copyright Society, it was announced that the Recorded Music Performance Limited (RMPL) had applied on 26 March 2018 for registration as a Copyright Society under section 33 of the Copyright Act, 1957 in respect of Sound Recording works. Further, Copyright Office has also called for any objections Continue reading “Copyright Office receives application for a new Copyright Society for Sound Recording works”

Announcement – Recognition by ‘International Advisory Experts’

We are pleased to share that the International Advisory Experts have recognized Mehta & Mehta Associates (MehtaIP), Gurgaon, India as a ‘Boutique IP award winner’ within India and Mr. Ankush Mehta, Principal Attorney has been listed as an advisor / expert for his practice and expertise on Patent, Designs and Trademark services in India. Continue reading “Announcement – Recognition by ‘International Advisory Experts’”

Post carefully – Delhi High Court acknowledges copyright in Photos on Facebook

In a recent matter, the Delhi High Court has in a suit for permanent injunction filed by Plaintiff, Fairmount Hotels Pvt. Ltd., against Defendant, one Mr. Bhupendra Singh, recognized copyright in the photographs uploaded on Facebook. Continue reading “Post carefully – Delhi High Court acknowledges copyright in Photos on Facebook”

Exercising jurisdiction over a non-resident defendant, Delhi High Court grants generous compensation in infringement of well-known trade dress

The Hon’ble Delhi High Court has passed an injunction order against lookalike chocolates being packaged under the trade name “Golden Passion” and in favor of well-known trademark/trade dress FERRERO ROCHER chocolates. The present case was for trade-dress infringement against the Defendant who ran the business of importing chocolates in a similar packaging under the trade name – “Golden Passion” from China. The Chinese manufacturer, along with the present suit, was also in contempt of an injunction order passed by the Delhi High Court in 2014 wherein the manufacturer was restrained from selling or manufacturing any product with a similar trademark or trade dress as that of FERRERO ROCHER. Continue reading “Exercising jurisdiction over a non-resident defendant, Delhi High Court grants generous compensation in infringement of well-known trade dress”

Indian Salt Manufacturers Association (ISMA) gets an ex parte ad interim Injunction against start-up Puro Wellness Pvt Ltd

Recently, the City Civil Court of Ahmedabad has granted, in favour of ISMA*, an exparte ad interim injunction against start-up Puro Wellness Pvt Ltd from advertising and promoting their brand ‘Puro Salt’ through an advertisement that allegedly denigrates and disparages the white salt available in the market. The present suit was filed by ISMA after the telecast of the advertisement featuring famous Bollywood Anil Kapoor. Continue reading “Indian Salt Manufacturers Association (ISMA) gets an ex parte ad interim Injunction against start-up Puro Wellness Pvt Ltd”