German automobile manufacturer, Bayerische Motoren Werke AG (BMW or BMW AG) had obtained a favourable order from the Hon’ble Delhi Court against an e-rickshaw manufacturer being Om Balajee Automobile (India) Pvt. Ltd. trading in the name of DMW (Deshwar Motor Works).
In July 2016, the Plaintiff had learnt of the...
GUEST POST- ADITI GUPTA AND HARSH KAMDAR- TRADEMARK MAXIMALISM: DOES (MUCH) PROTECTION AFFECTS COMPETITION?
Akshat Agrawal -
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...
PUNITIVE DAMAGES AWARDED BY THE COURTS IN TRADEMARK INFRINGEMENT CASES AND ON INSTANCES OF COUNTERFEITING:
Akshat Agrawal -
AN ANALYSIS OF THE RECENT CASE OF WHATMAN INTERNATIONAL LTD. v. P. MEHTA
In a very notable development in the trademark regime, a whooping Rs.1.85 crores have been granted as punitive damages to a UK based firm Whatman International Ltd, for infringement of its trademark, its trade dress and get...
GUEST POST: SUDARSHAN MOHTA – DELHI HIGH COURT GRANTS A PERMANENT INJUNCTION AND AWARDS INR 1 LAC IN DAMAGES IN FAVOUR OF AAJ TAK
Anushree Rauta -
I am pleased to bring to you our next guest post by Sudarshan Mohta. Sudarshan is a Mumbai based lawyer pursuing media and entertainment laws and is currently working with Shemaroo Entertainment Ltd. He had earlier written a post for us on intermediary liability here.
On 16th November, 2018, a permanent injunction restraining...
The unpredictable litigations accompanying a film release makes me wonder if this is secretly a part of the marketing and promotion strategy of the film to be released!
In this post we will discuss the judgment passed by the Hon’ble Delhi High Court pertaining to the Sonakshi Sinha starrer ‘Khandani...
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,...
1.INTRODUCTION
The Plaintiff (M/s Allied Blenders and Distillers Pvt. Ltd.) is the proprietor of the trademark “Officer’s Choice”, and is using the same in respect of its alcoholic products.
The Defendants are using the mark “Fauji” in respect of their alcoholic products.
A not so recent price list of Indian liquor can...
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)...
Background
The US’ premier football (or soccer, in truly American fashion) league – Major League Soccer (“MLS”) – has slowly but steadily built its name as a respectable league capable of producing promising, young talent and persuading big football stars to come ply their trade in North America. Players...