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Image accompanying blogpost on "CASE BRIEF : Havells India Limited. vs. Panasonic Life Solutions India Pvt. Ltd. & Anr."

CASE BRIEF : Havells India Limited. vs. Shanghai CET Electric Co. Ltd. & Ors.

Facts of the Case: Havells India Limited, the Plaintiff, filed an application against Shanghai CET Electric and others (hereinafter together referred to as the Defendants) alleging them to be guilty of committing Contempt of Court for violating the orders passed by the Honourable Court dated – 10.01.2019 and 31.05.2019 (hereinafter the “1 st order” and “2 nd order”, respectively). The Court in its 1 st order, after establishing a prima facie case having been made…

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Weekly Trademark Updates

This week’s trademark updates are as follows: House of Zana wins trademark dispute against Zara International fashion giant, Zara, recently objected to the registration of the trademark ‘House of Zana’ by a Darlington-based fashion boutique House of Zana in the UK, claiming that the mark is identical and is likely to cause confusion amongst the average consumers. The Hearing Officer, Matthew William, opined that, although Zara is a common word, the word “House of” has a distinctive nature and…

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Image accompanying blogpost on "CASE BRIEF : Osram GmbH & Anr. Vs. Tejmeet Singh Sethi & Anr."

CASE BRIEF : Osram GmbH & Anr. Vs. Tejmeet Singh Sethi & Anr.

Facts Plaintiffs, M/s Osram GmbH and Osram Lighting Private Limited [“OLPL”] filed a suit against Mr. Tejmeet Singh Sethi and Mr. Hartej Singh Sethi (Defendants) claiming their rights in the registered Trademark “OSRAM”. This mark was adopted by OLPL internationally in 1906 and later registered in India in 1945 by General Electric Company Limited. Plaintiffs were engaged in manufacturing a range of products comprising Lumilux Plus Fluorescent Lamps, CFL lamps and other related products. Plaintiffs found that Defendants, who were…

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Image accompanying blogpost on "CASE BRIEF : Parvesh Kamboj & Ors. vs The Controller General of Patents, Designs and Trade Marks"

CASE BRIEF : Parvesh Kamboj & Ors. vs The Controller General of Patents, Designs and Trade Marks

Facts The Delhi High Court (the Court) merged four Writ petitions filed under Article 226/227 of the Constitution of India. The Petitioners had been restricted from exercising their right u/s 21 of Trademarks Act, 1999, to file an opposition against various trademark applications within 4 months of them being accepted and advertised. The Petitioners wanted to file an opposition for a trademark in view of the extension of limitation granted by the Supreme Court in 2020 in view of…

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Latest Trademark Cases in 2022 - Part 6

Latest Trademark Cases in 2022 – Part 6

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: Shyam Sel and Power Limited Vs. Shyam Steel Industries Limited The Plaintiff, Shyam Sel and Power Limited filed a suit against the Defendant, Shyam Steel Industries Limited for the infringement of its Trademark and passing off, as the Defendant was using the plaintiff’s registered trademark ‘SHYAM’ on its invoices. Both the parties were involved in manufacturing and selling Thermo-mechanically treated bars, leading to…

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Weekly Trademark Updates

This week’s trademark updates are as follows: A piracy of 'Torts'  In the matter of Allahabad Law Agency v. Amazon Retail India Pvt. Ltd. & Ors., the plaintiff sought for permanent injunction against several sellers on the defendant's platform who have been found selling pirated versions of the book- 'Law of Torts' by Dr. RK Bangia. A Delhi Court, understanding the gravity of the situation, has passed an ex-parte ad-interim injunction restraining the defendants and several others from either…

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Image accompanying blogpost on "Indian IP Office invites entries for National IP Awards, 2021 and 2022"

Indian IP Office invites entries for National IP Awards, 2021 and 2022

On 2nd August, 2022, the Indian IP Office has opened up submissions for the NATIONAL INTELLECTUAL PROPERTY AWARDS 2021 & 2022. As stated in the announcement the objective of these awards is: “Objective: National Intellectual Property (IP) Awards are conferred every year to recognize and reward the top achievers comprising individuals, institutions, organizations and enterprises, for their IP creations and commercialization, which have contributed towards strengthening IP eco-system in the country and in encouraging creativity and innovation. National IP Awards…

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Image accompanying blogpost on "Indian IP Cases Report, 2021"

Indian IP Cases Report, 2021

BananaIP is happy to launch the IP Cases Report for the year 2021. This report covers cases related to intellectual property decided by Courts in India, in the form of case notes. These case notes cover important decisions on critical questions of law and fact with respect to various species of intellectual property. You may download a copy of the report here. [Download PowerPoint Version] [Download PDF Version] Structure of the Report The Report is structured based on the primary…

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Weekly Trademark Updates

This week’s trademark updates are as follows: Hailey Bieber strikes a win! Entrepreneur Hailey Bieber was sued for trademark infringement by Purna Khatau and Phoebe Vickers, founders of RHODE, a clothing line. The founders sought for a preliminary injunction from the U.S. District Court for the Southern District of New York. Bieber submitted a 17-minute YouTube video documenting the inspiration behind the word 'RHODE'. Bieber stated in the video that 'RHODE' is her and her mother's middle name and hence, the…

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Weekly Trademark Updates

This week’s trademark updates are as follows: Hero MotoCorp gets permission to use Hero as the trademark for EV business Hero MotoCorp led by Pawan  Munjal gets permission for electric vehicles under the trademark Hero by the arbitration tribunal appointed by the Delhi High Court. The dispute was between two factions of the Munjal family group. Hero electric filed an application for an interim injunction against Hero MotoCorp for using HERO for the electric vehicles. The tribunal refused to grant an…

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