Fabindia not to use word ‘Khadi’, may end up paying multi-million dollars in damages! #Quick Recap of the Khadi Dispute

In an interesting update in the on-going dispute between Khadi and Village Industries Commission (KVIC) and Fabindia, earlier this week Fabindia gave an undertaking before the Bombay High Court that it is not presently using the word ‘Khadi’ and in the event it is desirous of using the word ‘Khadi’ in future it shall give four weeks written notice to KVIC. The Court accepted the undertaking and disposed of KVIC’s application seeking injunction order be passed by the Court, prohibiting Fabindia from using the term khadi to sell its products. Continue reading “Fabindia not to use word ‘Khadi’, may end up paying multi-million dollars in damages! #Quick Recap of the Khadi Dispute”

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”

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”

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’”

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 Court acknowledges trade dress of Ferrero Rocher #TradeDress

Recently, a High Court in India has granted a decree of permanent injunction in favour of FERRERO ROCHER chocolate specialist against the Defendants who were dealing with confectionary and look alike product ‘D-Lizie’. Continue reading “Indian Court acknowledges trade dress of Ferrero Rocher #TradeDress”

Supreme Court of India denies protection to mark “Prius” for Toyota

Last week the Supreme Court of India has pronounced its judgment in this regard. The present judgement may have a direct and binding effect on majority pending trademark oppositions / litigations in India. In the present matter the Supreme Court has reiterated and upheld the following important principles / points: Continue reading “Supreme Court of India denies protection to mark “Prius” for Toyota”

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”