Trademarks
Trademark Injunctions and Damages in India – Part Two
In my last post, I dealt with the first condition i.e. ‘prima facie case’ to be established when praying for a grant of temporary injunction. It is only when all the three conditions are fulfilled that the Court will take into consideration the prayer of temporary injunction. As in the case of…
The Tea Board vs ITC Limited – Going overboard with GI
Appellant: The Tea Board, India Respondent: ITC, Limited GI: Darjeeling Tea Decision making Authority: Division Bench of Kolkata High Court Facts: The Tea Board of India holds the famous GI “Darjeeling” and the logo of a woman holding tea leaves, as well as the certification trade mark…
Celebrity Rights in India: AMMA – The Mother of all Trademarks?
Cases and issues relating to personality and image rights in connection with trademark law have always intrigued me. For one, it raises the question of whether a person can register their name as a trademark solely on the ground that they are a celebrity having brand value and that their reputation…
Trademark Injunctions and Damages in India – Part One
Registering a trademark is only the first step. What is more challenging is to be wary all those conflicting marks out there in the market trying to make a place for themselves. At the outset, in a suit of trademark infringement or passing-off, the two probable reliefs that can be sought are an…
Yet another trademark triumph for Pepsico's Aquafina
Pepsico India Holdings Pvt Ltd has won yet another trademark battle, this time in respect of its mineral water brand “Aquafina.” The Delhi High Court, in a recent judgement, upholding the submissions of Pepsico, has restrained the defendant Aqua Mineral (India) from using the trademark “Aquafine”…
Web Analytics and Website Visitor Statistics – Trademark Usage in India
The Delhi High Court recently had the opportunity to decide a case on trademark infringement and passing off where they examined the concept of usage of a trademark in India. While we have blogged about the concept of usage earlier (read our posts here and here) what was interesting in this case…
Types of Trademarks – The Super Mark
There are a couple of different Types of Trademarks. Most people who want to get a trademark registered, search for the Super Mark. What is this Super mark? Super mark is the Invincible Superman of the Trademark world, i.e. it is a mark that would less likely to be objected to by the Registry. The…
Trending: Hashtags as Trademarks
Not too long ago, advertisements on the radio, print media and television were the best means to spread the word about any goods or services that were to be marketed. Times have changed and it takes more than just a few ads and discounts to retain consumers and maintain a steady market share.…
Dynamic trademark utility - yet another step towards transparency!
We have been providing regular updates on the efforts taken by the Controller General of Patents, Designs and Trademarks (CGPDTM) to achieve complete automation and more significant, absolute transparency (some of our articles on this could be found here and here). In yet another move towards…
Google Glass - The United States and Indian Scenario
So what if the awe-inspiring Google GLASS had everyone spell bound; the spell and the GLASS appear to be unceremoniously shattered(pun intended!) by the United States Patent and Trademark Office(USPTO). The American Angle The USPTO had issued an intimation suspending all action with respect to the…