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”

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”

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”

The Act and the Rules have to expressly reflect the legislative intent to permit relaxation of time limits

The Delhi High Court has in a recent order clarified certain aspects of rule 138 of the Patents Rules of India. Continue reading “The Act and the Rules have to expressly reflect the legislative intent to permit relaxation of time limits”

IPO calls for comments on the issues relating to working of patents from stakeholders

In view of certain issues being raised regarding the provisions of working of patents and filing of working statements under the Patent Act, 1970, Indian Patent Office [IPO] has decided to have a consultation meeting with the stakeholders to receive feedback and further streamline procedures in this regard. Continue reading “IPO calls for comments on the issues relating to working of patents from stakeholders”

High Court issues directions for claimants of Well-Known Mark

In a recent order, High Court has issued directions for claimants of “well-known” trademark in India. This is one of the first such directions issued by Indian Courts post recent amendments of Trademark Rules and introduction of Rule 124. Continue reading “High Court issues directions for claimants of Well-Known Mark”

Ex-Parte Injunction refused against use of word ‘BARBIE’ in a Bollywood song by Delhi High Court

In a recent ex-parte matter before the Delhi High Court, a case of Trademark dilution was filed by a famous toy maker for mark ‘BARBIE’ against the use of the word in the song ‘Barbie Girl’ of a recent Bollywood film. Continue reading “Ex-Parte Injunction refused against use of word ‘BARBIE’ in a Bollywood song by Delhi High Court”

Supreme Court stays operation of judgment by the Delhi High Court, which struck down section 24(5) of PPVFRA

Supreme Court of India has stayed operation of the Delhi High Court judgment, which struck down section 24(5) of the Protection of Plant Varieties & Farmers’ Rights Act [#PPVFRA], till the next hearing. Continue reading “Supreme Court stays operation of judgment by the Delhi High Court, which struck down section 24(5) of PPVFRA”