GUEST POST- ADITI GUPTA AND HARSH KAMDAR- TRADEMARK MAXIMALISM: DOES (MUCH) PROTECTION AFFECTS COMPETITION?
Akshat Agrawal -0
About The Authors-
Aditi Gupta and Harsh Kamdar are fifth-year law students at the Institute of Law, Nirma University with keen interest in the field of Intellectual Property Rights and Media & Entertainment Law.
Can “square packaging” of the chocolates provide exclusive rights to its owner? It was answered in affirmative in...
I. INTRODUCTION
HT Media Ltd. had filed a suit against Brainlink International, Inc. before the Hon’ble Delhi High Court for restraining the plaintiff from (i) infringing the intellectual property rights of the plaintiff (i.e. using the impugned domain name www.hindustan.com or any other mark identical/deceptively similar to the Plaintiff’s trademarks)...
BIGG BOSS INFRINGEMENT: BOMBAY HIGH COURT RESTRAINS ORGANISERS OF ‘BIGG BOSS JAMMU’ FROM INFRINGING BIGG BOSS’ TRADEMARK AND COPYRIGHT
Angad Makkar -
The Bombay High Court, vide Order dated 20th October 2021 in Endemol Shine Nederland Producties B.V. & Ors. v. Angel Singh aka Lucky Trading as 999 Productions & Ors. (COMIP(L)/28812/2021) (hereinafter, the “Order”) granted an ex parte ad interim injunction against the Defendants, who were shown to be organising...
INTRODUCTION
Film titles are creatively conceived and involve a certain level of intellectual stimulation. Accordingly, these titles are registered with the societies or associations such as the Indian Motion Pictures Producers Association (IMPPA), the Film and Television Producers’ Guild of India, etc. to ensure that they are not infringed upon...
RACE TO THE COURT: UN-FAIR AND NOT-SO-LOVELY TRADEMARK TUSSLE BETWEEN HUL AND EMAMI
Anushree Rauta -
By Anushka Verma
For long there has been an ongoing debate about the selling of fairness creams in the Indian subcontinent. A question often asked by critics of such marketing strategies is whether fair is really lovely. However, earlier this month, a change was seen when Hindustan Unilever Limited renamed...
(Zidd (Urdu/Hindi word) = insistence, persistence or doggedness.)
Judgments, especially of higher courts, are juggernauts capable of jamming future judgments of the lower courts (and sometimes even the similar stature courts). Aren’t they? After all, this is how Stare Decisis works in common law countries - precedents possess legal piety....
THE MYTH OF THE “COMPARISON IN WHOLE” IN TRADEMARK LAW: SOME THOUGHTS ON DELHI HIGH COURT’S “AVATAR VS AVATHAR” ADJUDICATION
Lokesh Vyas -
Recently, a case came before the Delhi High Court concerning two marks Avatar and Avathar. The latter is a composite mark consisting of the word - AVATHAR in English and Tamil, with the sketch of the face of a lady alongside (see the image below).
The issue arose when the...
Use with Caution! Google Under Fire for Allowing the ‘Use’ of Trademarks as Keywords in GoogleAds.
Siddhant Sanghavi -
The story begins in 2015 when one Mr. Gaurav Bakshi googled ‘Agarwal Packers and Movers’ to employ the renowned company to assist him with his relocation. Much to his dismay, his belongings were delivered in a deplorable condition and he realised that he had employed another Agarwal Packers and...
GUEST POST: “WHO GETS FIRST?”: THE CURIOUS BATTLE OF KENT CABLES AND KENT RO- BY CHHAVI TOKAS AND CHETAN NAGPAL
Anushree Rauta -
Background:
In a landmark judgment titled Kent Cables v. Kent RO, pronounced by Justice Jyoti Singh on May 30, 2023, the Delhi High Court permanently restrained Kent RO from manufacturing and selling fans under the trademark “KENT”. The court analyzed complex legal propositions and, based on prior use and goodwill,...