In Mr. Sumit Vijay & Anr. v. Major League Baseball Properties Inc. & Anr., the Delhi High Court clarified that global fame alone does not establish trademark rights in India. The ruling in BLUE JAYS vs BLUE-JAY underscores the need to prove use and goodwill within India to succeed in cancellation and passing off claims.
Read more about BLUE JAYS vs BLUE-JAY: Delhi HC on Bad Faith and Trans-Border GoodwillTag: section 57
Prior user rights prevail over subsequent registration, reiterates court
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Delhi HC cancels ‘Ragini’ label for deceptive similarity and copied trade dress, upholding prior user rights of ‘Rani’/‘Rachna’ and ordering Section 57 rectification of the register.
Read more about Prior user rights prevail over subsequent registration, reiterates courtCourt says infringing brand ‘Double Kabooter’ Jaa Jaa Jaa
The Delhi High Court ordered the cancellation of the DOUBLE KABOOTER trademark, citing prior use and deceptive similarity with DABAL KABUTER BRAND. This case highlights the importance of accurate trademark claims and evidence in Indian law.
Read more about Court says infringing brand ‘Double Kabooter’ Jaa Jaa JaaCopyright Contract Case: Phoolan Devi
This post reviews leading cases where Section 57 of the Copyright Act influenced copyright licensing contracts in India. It compares the outcomes of the Phoolan Devi and Sai Paranjpaye cases, highlighting the legal nuances of moral rights and authorial protection.
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