Infringement
Ambush Marketing: Infringement in Disguise
Ambush marketing is the hottest-trending market strategy used by companies to advertise and promote their brands in covert ways. The concept is more prevalent and popular among sporting events where companies capitalize to advertise themselves on the events, in which they are not an official…
Trademark Infringement and Jurisdiction – What it means to carry on business
Trademark law in India provides that a plaintiff can file a suit for trademark infringement in a district court within the jurisdiction where the plaintiff is actually and voluntarily residing or carrying on business or personally working for gain. It is a common phenomenon for the defence to…
Bata sho(e)s away Vitaflex – Delhi HC grants injunction against groundless threats
The phrase “I’ll sue you” is one that many people love to use, without actually giving too much thought to whether legal action can in fact be taken and if so, whether it’ll be maintainable in a Court of Law. Lawyers take it a step further (in an attempt to make their client’s happy) by telling the…
Financial restructuring schemes as a defence to trademark infringement - Delhi HC says NO
Defence to trademark infringement In the last few years, we have had the opportunity of witnessing very interesting intellectual property cases and more importantly, case involving interpretation of intellectual property rights in consonance with other laws. The Delhi High Court recently decided an…
Sony’s trademark infringement suit dismissed after 20 years for technical defects
In trademark infringement suits involving well-known trademarks, one always expects the big corporation to win for obvious reasons – the trademark is well-known, goodwill and reputation acquired over the years and of course because they were able to make out a prima facie case. It wasn’t that easy…
All I want for Christmas is ‘not’ Yu – Delhi High Court vacates the injunction against OnePlus
Micromax is the protagonist and OnePlus is the antagonist. And with due apology to Cyanogen: it is the villain says the Delhi High Court in its last judgment before Winter Vacation. Delhi High Court vacates the injunction against OnePlus Just before the Court’s winter recess, the Division Bench of…