AI, Trademarks and the Young Lawyer’s Chance to Start Up
In 2003/04, the author started an IP firm as a fresh law graduate with no experience, based on the belief that technology and business focused IP services could…
Trademarks
824 articles
ITC’s Dakshin Restaurant Case: Too Much Trademark Spice, Too Little Copyright Proof
In the case of ITC Limited and Anr. v. Adyar Gate Hotels Limited, the dispute arose from a restaurant that carried the same name through a long hotel…
Use It or Lose It: Prior Use Trademark India Principles Seal FIELDMARSHAL Victory for PM Diesels
In a dispute stretching over four decades, the Delhi High Court ruled on the battle between PM Diesels Private Limited and Thukral Mechanical Works over the FIELDMARSHAL trademark…
Don’t Mess with the Don: Delhi HC Protects the GODFATHER Trademark
When Cartel Bros launched a Sanjay Dutt-endorsed whisky carrying the GODFATHER trademark, Devans Modern Breweries, owner of the mark for 40 years, went to court. The Delhi High…
Flying Under False Colours: Trademark Passing Off between Registered Mark Owners
When both Reckitt Benckiser India and Sauss Home Products hold registered "Flying Bird" device marks for cleaning products, infringement claims cancel out, making trademark passing off the only…
Rule 45 Evidence Gets Breathing Time in Trademark Proceedings
In the case of Black Diamond Motors Pvt. Ltd. v. Registrar of Trade Marks, Mumbai, the Bombay High Court answered a practical question that often arises in trademark…
Old Invoices, New Trouble: Prior Use Trumps Registration in ATHERMAL Case
In a dispute over the mark ATHERMAL used on welding safety goods, the Delhi High Court set aside a trial court interim injunction against Amit Bansal, finding that…
Chacha in Sarees: Delhi HC on Trademark Distinctiveness
The Delhi High Court's Division Bench has reversed a Commercial Court order that dismissed Chacha Saree Bazar Pvt. Ltd.'s interim injunction application on the ground that "Chacha" is…
The P-C Problem: Something that a Trademark Registry Search in 2001 could have prevented
The Delhi High Court has held that Intas Pharmaceuticals' mark CLAVIX constitutes pharmaceutical trademark infringement of Sanofi's blockbuster heart drug mark PLAVIX, differing by just one letter. The…
What’s in a God’s Name? Siyaram Wins Trademark Battle in Bombay
Siyaram Silk Mills and Stanford Siyaram Fashion Private Limited clashed before the Bombay High Court in a trademark infringement and passing off dispute over the "Siyaram" mark. Can…