Stakeholders meeting held at IPO

A meeting of select IP professionals and practitioners was held at Intellectual Property Office, Delhi in presence of Secretary – DIPP Mr. Ramesh Abhishek, Joint Secretary Mr. Rajiv Aggarwal, Controller General Mr. O P Gupta and Sr. Joint Controller Dr. K. S. Kardam on 03 August 2018. Continue reading “Stakeholders meeting held at IPO”

A recent judgment by Supreme Court of India sets important legal precedence on similar marks covering goods of same class

In present case, the respondent had adopted the device mark “NANDINI” in 1985 for selling milk and milk products. The mark was registered in Class 29 and 30. The appellant on the other hand adopted similar device mark in 1989 for its restaurant business and applied for the mark in respect of various foodstuff items sold by its restaurant. The logo of both the marks is given below for clarity. Continue reading “A recent judgment by Supreme Court of India sets important legal precedence on similar marks covering goods of same class”

Delhi High Court Passes John Doe Order in favor of PepsiCo’s brand ‘KURKURE’

In an on-going case in the Delhi High Court, PepsiCo has sought permanent injunction against Facebook, Instagram, YouTube, Twitter and Google to take down/ remove/ block a list of URLs / web links which contain a video disparaging PepsiCo’s brand KURKURE. In the video, KURKURE is claimed to be made out of plastic and to prove the same, the snack is being burnt so that it melts, and compelling the audience to believe that it is, indeed, made out of plastic. The company has constantly replied to tweets, posts and such links in order to break through the stereotype of KURKURE being made out of plastic, but having failed to do, have brought the case to the court. Continue reading “Delhi High Court Passes John Doe Order in favor of PepsiCo’s brand ‘KURKURE’”

Union Cabinet finally approves India’s accession to WIPO Copyright Treaty, 1996 and WIPO Performance and Phonograms Treaty, 1996

Via a press release dated 4th July 2018, published by the Press Information Bureau, it has recently been announced that the Union Cabinet had approved the proposal submitted by Department of Industrial Policy and Promotion, Ministry of Commerce and Industry Continue reading “Union Cabinet finally approves India’s accession to WIPO Copyright Treaty, 1996 and WIPO Performance and Phonograms Treaty, 1996”

Explaining ‘sameness’ in designs, the Delhi High Court maintains injunction in favor of Vega Auto Accessories

The Hon’ble Delhi High Court maintained injunction order in favor of Plaintiff Vega Auto Accessories which restrained the Defendant from making, selling, offering for sale, advertising and directly or indirectly dealing in helmets amounting to infringement of Plaintiff’s registered design and particularly the helmets under Defendant’s mark ‘POWER’. Continue reading “Explaining ‘sameness’ in designs, the Delhi High Court maintains injunction in favor of Vega Auto Accessories”

Christian Louboutin’s famous ‘Red Sole’ slips on the provisions of the Trade Marks Act of India

The Delhi High Court recently dismissed the suit filed by International Luxury Shoe Designer Christian Louboutin against Defendants, who carry their business at two Continue reading “Christian Louboutin’s famous ‘Red Sole’ slips on the provisions of the Trade Marks Act of India”

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”