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”
Category: Delhi High Court
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”
Guidelines for issuance of certified copies by Trademark Registry notified by High Court
The Delhi High Court has recently issued directions to Registrar of Trademarks for maintenance of trademark records and issuance of their certified copies. Continue reading “Guidelines for issuance of certified copies by Trademark Registry notified by High Court”
Request under Section 78 is not dependent on the examination procedure
The Delhi High Court has in a recent judgment clarified certain aspects of section 78 of the Patents Act of India. Continue reading “Request under Section 78 is not dependent on the examination procedure”
Delhi High Court interprets section 107A of Patents Act, 1970
In a recent judgment, Delhi High Court decided on interpretation of section 107A of Patents Act and if same included export of patent products. Continue reading “Delhi High Court interprets section 107A of Patents Act, 1970”
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