Where can you file Trademark Rectification Petitions? The Delhi High Court refers the question to a Larger Bench.

Delhi High Court split on jurisdiction for trademark rectification petitions: firstly stated any High Court, later restricted it to granting IP Office’s jurisdiction. The underlying point is differentiating Trade Marks Act from Patents and Designs Acts and emphasizing convenience for businesses.

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Trademark opposition timelines are mandatory, and must be complied strictly, says the Delhi High Court

In this case, the Delhi High Court explored if a trademark opposition be ‘deemed as abandoned’ if there was a delay in service of evidence by the opponent in the opposition. The Court also explained whether the timelines mentioned in the Trade Marks Act and Rules are mandatory or not.

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Announcing Trademark Job Opening at BananaIP: Position for Trademark Associate with at least 2 years experience

Join BananaIP’s dynamic Trademark Department in Bangalore! Apply now for exciting opportunities in trademark filing and prosecution. Experience a fulfilling and rewarding career with us.

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Youtuber Held Liable for Unauthorized Use of Trademarks: Dabur India Limited v. Dhruv Rathee and Ors.

The petitioner, Dabur, who is the manufacturer of beverages under the name “Real”, is alleging that a Youtuber named Dhruv Rathee published a video tarnishing the petitioner’s brand reputation. The video also depicted an earlier advertisement aired, as well as a distorted image of the petitioner’s product Real, which infringes upon its trademark and copyright rights. The Calcutta High Court held that the acts of the respondent infringed upon the petitioner’s rights under section 29 (9) of the Trade Marks Act, 1999, and the Copyright Act, 1957, and the offending portions of the video were ordered to be removed.

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Yezdi Trademark Case – Why Companies Should Be Wary During Winding Up

The Karnataka High Court recently ruled that Boman R. Irani of the Rustomjee Group had obtained the trademark Yezdi from Ideal Jawa (India) Ltd. in bad faith, thus making all trademarks and registration certificates issued to him void and requiring him to pay costs associated with utilising and distributing the mark during winding up proceedings.

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