No injuction based on ‘TODAY’ says the Delhi High Court
March 31, 2014Intellectual Property Rights
TODAY, I was absolutely resolute to write an article on the issue of TODAY. Well, of course, I do mean ‘India Today’ and its failed interim injunction against TV channel ‘Nation Today.’
Delhi High Court bowls out T20 ICC World Cup Copyright Infringement
When the cricket fever has caught on, in the Indian subcontinent with the ICC T20 World Cup matches providing some nail biting excitement, the Hon’ble Delhi Court has, at the perfect moment, granted an interim injunction restraining several entities mainly appearing to be pubs, cafes and restaurants from airing the ICC T20 World Cup matches without the authorization of Star India Pvt ltd. Star India Pvt Ltd, most likely miffed by infringement of its copyright by several cafes and restaurants,…
Trademark Crystal : Taking on Goliath and winning
In the world of fashion, Swarovski is known for its crystals. Yet in what could be described as a David vs. Goliath battle, Swarovski lost its registered trademark “Crystal Glamour” in January 2014 because of a rectification petition filed by an innocuous and relatively unknown textile manufacturers from Tiruppur (a city in the South Indian state of Tamil Nadu) called Crystal Knitters. However, much like the Cadbury in Cadbury vs. ITC case before the IPAB, Swarovski gave up its registered mark…
The Five Commandments of Networking for Indian Lawyers
It all starts in the womb. I don’t mean anything euphemistic or metaphorical, but literally; I was recently told that to get into premier schools in India, parents have to apply for admission immediately after conception. One parent, was incredibly upset that he missed out because his child was already due in a month and he hadn’t applied! He tells me, “There are plenty of schools, I know, but in this one my child would have been able to study with X’s children and think of it, several years…
How Cadbury lost some of its trademarks in India
A little over 5 months ago, the IPAB’s order caught everyone by surprise. Cadbury, the company known very well indeed for Cadbury Eclairs, lost some of its marks consisting the term “Eclairs” without putting up much of a fight. Interestingly Cadbury’s loss was a foreseeable consequence of its own action against ITC.
The Case of Choclairs
Cadbury and Lotte are famous brands for chocolates with Cadbury probably a little more famous in India since it has been around for quite a while. This fact may have been one of the many reasons why Cadbury could obtain an interim injunction against Lotte in January this year.
Justice, naturally.
An order in January this year by the Intellectual Property Appellate Board (“IPAB”) drives home a simple, much re-iterated and often neglected point of law: the right to be heard.