Have you ever wondered why well-known trademarks are given or accorded a wider protection? To answer that, you may read our previous post on 'An insight into Well-known Trademark'. Now, lets look at the Recent Developments in the Well-known trademark regime and what are the principles that govern them with the help of cases.
Prior to the Trademark Rules 2017, the requirement for getting a trade mark declared as a well-known one was only by way of legal proceedings…
Brands enjoy huge importance as consumers today prefer different brands differently at different times and hence brands have a unique value to the consumers. However, they are of value not just to the consumers, but also of value to the suppliers and proprietors of the mark. A well-known trademark status is one of the biggest quality justification that any mark may possess.
A well-known trademark status acts as a powerful safeguard from the risk of deceiving counterfeit products and thereby facilitates…
There are various laps one needs to cross before successfully registering a trademark as enunciated in the previous post on TM application, prosecution process, and time-lines . At times, even after diligently following the steps as required by the Registry, the process as a whole takes a very long time. Here are few steps one may follow to ensure quicker registration and expedited processes.
Steps to maximise the chances of getting a quick trademark registration:
Firstly, in order to increase…
With respect to trademarks, India follows a first to use system i.e., prior use is one of the superior claims to any trademark litigation. The applicants must try and be the first in line to file to avoid the potential burden to oppose any earlier filed applications as unregistered marks have no right to file for infringement. The trademark application is filed on basis of the territorial jurisdiction as per the principal place of business of the said proprietor. Section…
This is a rundown of last week's news updates on eCommerce & Licensing:
Rummy & Poker now declared as games of skill.
In a huge win for gaming companies offering online card games, the Madras High Court stated that Rummy and Poker are games of skills. Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy presided over the case of Junglee Games India Pvt. Limited and Rahul Nandkumar Bharadwaj Vs. The State of Tamil Nadu and Ors. (W.P. No. 18022 of 2020)…
Cross Fit LLC vs Mr. Renjith Kunnumal & Anr.
The Plaintiff herein used ‘CrossFit’, a registered word and device mark, on a global basis for fitness & training services as well as its domain name www.crossfit.com. The Defendants were found using the name “SFC CROSSFIT” while imparting identical gym and fitness services, in their advertisements, website, social media handles, etc. Aggrieved by the same the Plaintiff filed a suit before the High Court of Delhi and an application seeking interim…
Sun Pharmaceutical Industries Limited vs Cipla Limited
In this case, the Respondent/Plaintiff filed a suit for a permanent injunction before the Madras High Court against the Applicant/Defendant for infringement of its copyright and trademark. The Court herein, granted an interim injunction in favour of the Respondent/Plaintiff. Henceforth, the Applicant/Defendant filed three applications with a plea to vacate the interim relief granted on grounds of urgency. The plea was based on the fact that the drugs were of a huge amount,…
On 23rd July, 2020 the Central Government had notified the Consumer Protection (E-Commerce) Rules, 2020. The Department of Consumer Affairs on 21st June, 2021 published the proposed amendments to Consumer Protection (E-Commerce) Rules, 2020 and has sought views/ comments/ suggestions to be sent within 15 days, ie., by 6th July, 2021 by email to email@example.com.
In summary the amendments proposed are as follows:
Registration of entities with DPIIT shall be mandatory
Chief Compliance Officer, Nodal Contact Person and Grievance…
Nature of the company: Start Up - Networking Portal
Why they approached us:
Low on financial resources to aggressively protect IP.
Was not following any process, or system, for safeguarding its IP interests.
What did we do:
Helped the company file its trademarks, patents, and copyrights for a highly discounted professional fee, and small equity.
Nature of the company: A small manufacturing company
Why they approached us:
The company was making innovative products but did not have a system to analyze the same, and file for patents.
The company was facing continuous copying of its innovations by competitors, and some times customers.
Several instances of employee misappropriation of drawings, and other design data were happening, but the company could do nothing about it.
What did we do:
Helped the company devise…