Delhi High Court rejects WinZo Games’ Plea against Google for trademark infringement
The Hon’ble Delhi High Court has observed that the warning displayed by Google to user before they download WinZo’s APK file is a mere disclaimer to caution them and is not in violation of WinZo Games’ trademark. The reference to the name of APK or application WinZO is only for identifying the file being downloaded as a warning.
Google LLC argued that they are not providing any goods or services under the impugned mark and thus, are not in violation of Section 29(4) of the Trade Marks Act, 1999.
The judgement dated February 14, 2023 can be accessed here.
KESARI – Delhi High Court restricts the use of the mark KESARI TV
The Hon’ble Delhi High Court passed an order of injunction against the freelance journalist from using the mark and related logo KESARI TV for providing news services in print or electronic mode till further orders. The Court also ordered suspension of the domain name www.kesaritv.com.
The suit was filed by the owners of the Punjab Kesari newspaper who alleged that the Defendant was using a deceptively similar mark and domain name to its unregistered mark PUNJAB KESARI TV.
The order dated February 03, 2023 can be accessed here.
Delhi High Court restrains the use of the mark PRESTIGE for gas stoves, kitchenware
The Delhi High Court restrained a Delhi-based company, K.K. and Company Delhi Private Limited from using the mark PRESTIGE in relation to gas stoves or any kitchenware or cookware.
The Plaintiff claimed to have been using the mark PRESTIGE since 1955 and the earliest registration of the mark dates back to December 14, 1949. The Defendants argued that pressure cookers and gas stoves were different products and thus, there is no likelihood of confusion. However, the Court denied their arguments.
The judgement dated February 20, 2023 can be accessed here.
Delhi High Court refuses to restrain the use of the mark BOLT
In a suit filed by Bolt Technology OU in to restrain the use of the mark BOLT in EV charging stations in India by Ujoy Technology Private Limited, the Delhi High Court has refused to grant relief to the Plaintiff.
The Court observed that the Plaintiff is not engaged in providing EV charging services anywhere in the world and has merely installed some EV charging stations in a handful locations for charging its own vehicles and thus, no trans-border reputation can be credited to it.
The judgement dated February 24, 2022 can be accessed here.
India slips in the US Chamber of Commerce’s IPR ranking index
From being at 40 in 2021, India has now slipped to 43rd rank out of 55 countries in 2022 in the US Chamber of Commerce’s latest International Intellectual Property Rights index. This index evaluates the protection of IPR rights in 55 of the world’s leading economies, together representing approximately 90% of the global GDP.
Delhi Court grants relief to Campus activewear in trademark infringement case
Delhi’s Tis Hazari Court granted prima facie relief to Campus Activewear in a suit filed by the Plaintiff for restraining the use of the marks CAMPASS, CLAMPASS and CLAMPS. The Petitioner stated that they have been using the mark CAMPUS since 1984 and are the registered proprietor of the trademark since 1990.
The Defendant’s argument that CLAMPASS was not phonetically or visually similar to the impugned mark was rejected by the Court. The Court further held that the Defendant’s claim of using the device mark CLAMPASS since prior to the date of registration of the said mark was not backed by any substantial document.
Madras High Court directs State to notify inauguration of Intellectual Property Division of High Court in a week
The postponement in transfer of matters from IPAB has led to multiple writ petitions before the Madras High Court to mitigate this situation and seek from the State Government, the inauguration of the IP Division and implementation of the IP Division rules that would govern such transferred matters.
The High Court has now expedited the creation of IP Division and through a common order, has directed the State Government to issue a notification to inaugurate the Madras IPD within a week to address the issues of the parties left unattended after the abolition of the Hon’ble IPAB.
Hansal Mehta’s Faraaz banned by a Bangladesh High Court
The Bangladesh High Court has banned the promotion and screening of director Hansal Mehta’s upcoming film, “Faraaz”, in the cinema halls and online platforms. The movie is based on real-life terrorist attack destroyed a Dhaka café in 2016. While the ordered has been passed, the film is yet to be approved by the Bangladesh Film Censor Board.
Lacoste files trademark applications to launch NFTs & virtual goods in Metaverse
The French fashion house, Lacoste, has filed five trademark applications before the US Patent and Trademark Office for CHAMPSELYSEES line of apparels, related to non-fungible tokens and metaverse. The brand is planning to launch downloadable virtual products, including footwear, eyewear, sports gear, mobile covers, jewelry, watches, etc.
Middle East streamer Anghami sued for copyright infringement by Reservoir, PopArabia
The publishers, Reservoir and PopArabia, have accused Anghami for unlicensed exploitation of musical and lyrical works including songs by Lil Jon and Kelly Clarkson. Anghami has stated that there are proper license agreements in place with major international and Arabic music labels, as well as with “thousands of independent labels and distributors”.
Prashanth Hotels Pvt. Ltd vs PPL & Novex: Bangalore City Civil Court dismisses suit filed under Sec. 60 of Copyright Act
City civil court at Bangalore dismissed a groundless threat suit filed by Prashanth Hotels Pvt. Ltd against PPL and Novex as being infructuous on account of the filing of comprehensive suit before the Bombay High Court by the defendants.
Read order here.
