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Trademarks

BananaIP Counsels > Trademarks (Page 26)

Inebriated @ 8

The image is a bottle of liquor 8 PM. The post is about a Delhi High Court decision about trademark in numbers. Click on image to view post.

  In a very recent decision of the Delhi High Court in the case of Carlsberg India Pvt. Ltd. v. Radico Khaitan (decided on 20th December, 2011), a division bench revisited the ever debated question of trademark rights in numbers. A quick glance over the facts reveals that Radico has been the registered proprietor of the trademark '8 PM' for whiskey and other liquor. In February, 2011, Carlsberg launched Beer under the mark 'Palone 8' and as a result was sued by Radico (detailed analysis of the facts and earlier order of the Single Judge can be read here). Radico's case revolved...

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Trademarks: ‘Advantage’ of Settlement

The image depicts Cipla's range of veterinary products marked 'Advantage'. Another company has a similar mark 'Advantix' for the similar products. This post talks about how the trademark issue was settled. Click on the image to read the full post.

Bayer and Cipla have recently settled trade mark litigation with respect to Advantage and Advantix trade marks.  These trade marks were registered by Bayer at the USPTO and are being used for veterinary products. Cipla has been marketing one of its pet products under the trade mark, DA Double Advantage with the aid of an online supplier called Archipelago. Aggrieved by Cipla's actions, Bayer filed a suit in a US court asking for a  preliminary injunction against use of the trade mark. The parties have now  settled the dispute out of court. As per the settlement, Cipla has agreed to refrain...

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A Marksman to Get Your Mark- Choosing the Right Trademark Attorney

Trademark protection is an indispensable requirement for any business today. Any running business without a registered trademark, is not only prone to passing off but also runs a risk of infringing other registered trademarks. Trademark registration is sought by most business organisations today as a protection and risk mitigation measure. Due to an ever growing requirement for trademark registration services, a number of service providers have mushroomed off late in and around the cities in which the trademark registries are located. The fact that filing of a trademark application is as easy as filing a PAN card application, many business organisations...

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Choosing the Right Trademark- How Important is it Anyway?

The featured image is of the trademark symbol . The post is abouT change in the name of Office for Harmonization in the Internal Market (OHIM) to European Union Intellectual Property Office. please click here to read more.

First Publication Date: 8th January 2010 How important is it to choose the right trademark and how to choose the apt mark? With more and more courts and decisions focusing on the strength of the mark it definitely becomes quintessential to choose and apply for the right trademark. We don't have to search hard to look for such illustrations where the strength of the mark in some way decided the fate of the case. Fenil in his post titled "Could exclusivity be claimed over the word Imperial for alcohols" very aptly covered the case where it was held that no exclusivity can...

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Beer versus Whiskey- Beer Wins 8PM battle

The image depicts a beer stein full of beer. The image also reads Beer, with a byline 'All a man needs. Apart form sex'. This case talks about the tussle between beer companies for the mark 8 PM. Click on the image to read the full post.

RADICO KHAITAN LIMITED V. CARLSBERG INDIA PRIVATE LIMITED, decided on 16th September, 2011 by Delhi High Court Facts:- The plaintiff- Radico Khaitan Ltd. has been continuously and extensively carrying on an established and reputed business in respect of manufacture and sale of alcoholic beverages in India, as well as numerous countries across the world directly by itself and through its affiliates, subsidiaries, licensees, etc. The plaintiff adopted the mark 8 PM in the year 1997 in relation to whiskey and has been extensively using the same since 1999. The Plaintiff is the Registered Proprietor of the 8 PM/8PM family of marks not...

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GI for Tirupathi Laddu: Whose Interests are Protected?

Contributed by Professor Madabhushi Sridhar, The Tirumala Tirupathi Devasthanams (TTD) trustees of world’ richest temple on Tirumala Hills secured Geographical Indication (GI) Registration for sacred Laddu Prasadam, from Indian Patent Office, Chennai, recently, raising many eyebrows. It is criticized as its latest manifestation of brazen commercialization of divine abode. Ironically, sacred Tirupathi Laddu now joins the company of goods like Darjeeling Tea, Goa Feni, and Champagne wine etc. What hurts devotees is the way Prasadam is reduced to a commercial product. What is GI? The Geographical Indication of Goods (Registration & Protection) Act, 1999 has been made to secure the interests of...

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Should Distinctiveness Have Anything to Do with Dilution – By Nandan Pendsey, IP Attorney, USA

The image depicts the letters T and M as the post is about trademarks and distinctiveness and dilution. Click here to read the post.

Evolution of Dilution as a Remedy: The theory of Dilution as a means of protecting a trademark was first propounded by Frank Schechter in his research article, “The Rational Basis for Trademark Protection”. He advocates in this article that the real function of trademark law is to identify a product as satisfactory and thereby stimulate further purchases by the consuming public. He further says that the real injury to a trademark is the gradual whittling away or dispersion of its identity (now known as dilution) and therefore preservation of this uniqueness of a trademark should be the only rational basis...

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