Trademark turbulence: Interglobe Aviation Vs Mahindra Electric Automobile Ltd
December 6, 2024Intellectual Property Rights,Trademarks,Weekly (IP)DATE,Indiatrademarks,ipr,Intellectual Property Rights,Indigo,Mahindra,6E trademark dispute
In a recent dispute between India’s largest airline, IndiGo, and automobile manufacturer Mahindra Electric, (Interglobe Aviation Vs Mahindra Electric Automobile Ltd, DHC - CS(COMM) 1073 / 2024) the issue surrounded the alpha numeral “6E”. For IndiGo, the 6E callsign has been an integral element of the official designator and a brand identifier for the past 18 years. IndiGo has extended the use of "6E" across various service offerings, such as 6E Prime, 6E Flex, 6E Link, and 6E Add-ons. Notably,…
The Jiohotstar Domain saga
November 5, 2024Intellectual Property Rights,Trademarks,Domain Names,Weekly (IP)DATE,IndiaDomain Name,ipr,Intellectual Property Rights,jio,hotstar,domain squatting
The recent domain dispute involving jiohotstar.com has sparked a broader online discussion, highlighting a familiar narrative of “big corporation versus individual.” While some recognized the legal underpinnings of the issue, much of the debate centred on the perception that Reliance Jio should have accommodated the individual’s request. However, this situation exemplifies domain squatting—where individuals/company register internet domains containing well-known brand names or company…
Coexistence of Similar Pharmaceutical Names: An Analysis of Judicial Interpretation
November 1, 2024Intellectual Property Rights,Trademarks,Weekly (IP)DATE,Indiatrademarks,ipr,Intellectual Property Rights,Pharmaceutical names,distinctiveness,Cadila Health Care Ltd. vs. Cadia Pharmaceuticals Ltd,F. Hoffmann-La Roche & Co. Ltd vs Geoffrey Manners & Co. Pvt. Ltd,Schering Corporation case,SUN Pharma v. Hetero
Trademarks provide an advantage to businesses by distinguishing one’s product from others. However, it is common for infringers to use a similar mark in the industry and try to reap the goodwill that the initial user had secured over years. The pharma industry too faces the issue of similar marks being branded and sold. In this industry, the trademarks not only play a crucial role in distinguishing the marks but also ensures consumer safety. The recurring issue that we as trademark attorneys…
The Evolving Liability of Domain Name Registrars: Snapdeal Private Limited v. Godaddycom LLC and Ors.
October 29, 2024Intellectual Property Rights,Trademarks,Domain Names,Weekly (IP)DATEDomain Name Disputes,trademarks,ipr,Intellectual Property Rights,domain,intermediary liability,Snapdeal Private Limited v. Godaddycom LLC,unfair trade practices,safe habour protection,grievance mechanism
As the digital landscape evolves, the need to hold intermediaries to higher standards of accountability and duty of care has become increasingly pressing. This necessity arises from a growing trend in which intermediaries often overlook instances of infringement occurring on their platforms, to the detriment of the rights owners. With the rapid expansion of online services, intermediaries play a pivotal role and so, it is essential to implement stricter standards and practices that compel them…
Court orders revival of opposition abandoned for not filing evidence in support on time when Counter Statement was not served
September 11, 2024Intellectual Property Rights,Trademarks,IndiaOpposition,Trademark Office,Bombay High Court
The petitioner had opposed the trademark applications of Respondent No. 2 for the mark “Travel Fox,” alleging its similarity to Coaster Shoes' own registered mark, TRAVEL FOX. Despite filing the notice of opposition and following due process, the petitioner claimed that the counter statement from the respondent was never served on them, though a copy of the same was uploaded on the website of the Registrar of Trade Marks.
Swift action on trademark name changes: Court directs Trademark Office to expedite applications
September 10, 2024Intellectual Property Rights,Trademarks,IndiaTrademark Amendments,Trademark Office,Madras High Court
The petitioner, M/s. Tiger Food Ingredients (P) Ltd. (formerly M/s. Manju Chemicals Private Ltd.), filed a writ petition seeking a mandamus to direct the Registrar of Trade Marks to consider their name change application (Form TM-P) dated June 5, 2024. The company's name was changed following a certificate of incorporation issued by the Ministry of Corporate Affairs on January 31, 2024. The name change application was not acted upon by the Trade Marks Registry, prompting the petitioner to…
Analysis of Jan Vishwas (Amendment of Provisions) Act, 2023 – An IPR Perspective
September 9, 2024Intellectual Property Rights,Trademarks,Patents,Copyrights,Weekly (IP)DATE,Indiaipr,2024,Intellectual Property Rights,Jan Vishwas (Amendment of Provisions) Act,2023,Amendment,Decriminalisation
The Jan Vishwas (Amendment of Provisions) Act, 2023 which came into effect recently on August 1, 2024 has garnered significant attention across the country. The Act, having brought amendments to various Acts of our legislation, including those related to Intellectual Property (IP) and media laws among others, primarily aims to decriminalise the provisions – aiming to shift from punitive measures like imprisonment to more lenient penalties such as fines and pecuniary penalties.
Deemed Protection under Indian Trademark law and the Madrid Protocol
August 27, 2024Intellectual Property Rights,Trademarks,Weekly (IP)DATE,IndiaMadrid Protocol,trademarks,ipr,international application,Designated country,Intellectual Property Rights
In today’s age, brand protection is of utmost importance. Now more than ever, people recognize the value of protecting their brands even beyond the jurisdiction of their home country. While the process of securing trademark protection across multiple countries can appear onerous, the Madrid Protocol streamlines this process. The Madrid Protocol is an international trademark system that enables a trademark to be protected in several countries with a single application. As of date, a trademark…
The Force Awakens – CGPDTM’s Recent actions on contractual staffs in Trade mark office
August 16, 2024Intellectual Property Rights,Trademarks,Weekly (IP)DATE,Indiatrademarks,intellectual property,ipr,hearing officers,examiners,CGPDTM,contract officers,Visa International Ltd vs. Visa International Service,IP lawyer
The Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) is now grappling with a significant challenge following a judgment passed by the Calcutta High Court in the case of Visa International Ltd vs. Visa International Service. The judgment has cast doubt on the legality of orders and decisions made by the Trade Marks Registry over the past two years. What started as a quick fix to address the long-standing staff shortage at the CGPDTM has now turned into a full-blown…
Bombay High Court Upholds Celebrity Personality Rights Against AI Exploitation: An Analysis of Arijit Singh v. Codible Ventures LLP and Others
August 6, 2024Intellectual Property Rights,Trademarks,Weekly (IP)DATEtrademarks,intellectual property,ipr,Personality Rights,arjith singh,Bombay High Court,Arijit Singh v. Codible Ventures LLP
In a recent judgment in the case of Arijit Singh v. Codible Ventures LLP and Others, the Bombay High Court addressed a legal dispute of infringement of personality rights through the use of AI. Personality rights, which holds the protection of an individual's identity, privacy, and dignity, are foundational to safeguarding personal independence in both physical and digital worlds. The boundaries of these rights are being pushed in new ways as AI systems now have the ability to create believable…