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BananaIP Counsels > Trademarks (Page 31)

The Indian Express case

Trademark Infringement

  In October this year, the Bombay High Court passed its decision in the case between The Indian Express Limited and Chandran Prakash Shivhare, the publisher and distributor of a journal called "Indian Express" filed before the Bombay High Court in the year 2010, to seek an injunction against the Defendant, and to restrain them from using  the title ‘Indian Express’. The crux of this case was whether a registered trademark could be infringed by the use of the identical mark which had been registered by the Registrar of Newspapers for India (RNI) under the Press and Registration of Books Act, 1867 (the...

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Draft Trademark (Amendment) Rules, 2015: Yay or Nay?

On 19th November, 2015 Draft Trademark (Amendment) Rules, 2015 were issued by the Ministry of Commerce and Industry (MCI). The Rules are intended to amend the current Trademark Rules, 2002 and have proposed a complete revamping of the same. The rules propose the trademark filing fee to be doubled, which means a hundred percent hike in official charges. The Digital India initiative has gone a step further, by discouraging physical filing of Trade Mark applications. The applicants will be required to pay an extra ten percent of the fee as compared to filing an e-application. Further, applications for sound-marks can now...

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Trademark Infringement on E-Commerce platforms: Google AdWord case

The image depicts the logo of Google. This image is relevant as the post is about Google Street View. To read the post click here.

Google is the world’s most famous search engine. Google's mission is to “organize the world’s information and make it universally accessible and useful.” The major portion of Google's profit is through its highly successful program AdWords, which provides advertisers advertising space for related searches. AdWords is a program that helps companies to advertise and promote their products or services on Google’s websites. The program works by providing highly relevant ads and suggestions to third party users when they enter keywords and various related searches into the Google search engine. The Google AdWord policy permits advertisers other than the brand owner...

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Trademark Infringement on Ecommerce Platforms- Royal Enfield v. ebay.in

This post will discuss another trademark infringement case in the ecommerce market in India. Recently, in October this year, Eicher Motors Ltd, which manufactures and sells the Royal Enfield bike, filed an infringement suit against Saurabh Katar and Kuldeep Singh, for infringing their trademark ENFIELD, ROYAL ENFIELD and BULLET. The suit filed before the Delhi High Court, also claimed infringement of copyright of the logos and the website of Eicher Motors Ltd. Eicher alleged that Saurabh Katar and Kuldeep Singh were selling products on ebay using the Plaintiff’s registered trademarks. Eicher Motors Ltd. is a leading automobile manufacturer and sells various types of two-wheelers...

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Multi Time Machine, Inc. v. Amazon

The image is the logo of Amazon. The post is about the invalidity of single click patents. Click on image to view post.

One can always see a lot of advertisements, while performing a google search or just about any search on other search engines. Advertisements, and more recently, keyword advertising are a major source of revenue generation for search engines. The case that we are about to discuss, is something that nobody ever anticipated to happen. Multi Time Machine Inc, (MTM) manufactures watches, specifically special ops watches and high-end tactical watches. It sells them on its own website and through its various distributors. MTM has registered trademarks for its various products. MTM did not and to this day, does not make its products...

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Social Media and Intellectual Property (Part VI): Select Copyright Cases

This post briefs three copyright cases that provide insights into copyright issues with respect to content posted on Social Media platforms. Scrabble v. Scrabulous In 2008, two Indians Rajat and Jayant Agarwalla, launched a Facebook App called 'Scrabulous.' It was a word game similar to Scrabble. Initially Mattel, and later Hasbrow, right holders of the Scrabble game sued the Agarwalla brothers for both copyright and trade mark infringement at the Delhi High Court. After reviewing the facts, the Delhi High Court held that there can be no copyright in the word game Scrabble, and that Agarwalla brothers are not liable for copyright infringement....

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Trademark Infringement in the Automobile Industry Part III: Bentley Trademark suit


In furtherance of the previous post about the BMW Emblem case  , the current post is regarding the luxury automobile manufacturer, Bentley Motors Inc, which prevailed in a trademark infringement lawsuit against the makers and installers of kits that transform more modest vehicles into virtual clones of the Bentley. The crux of the issue here is, whether producing and installing external body kits to inexpensive vehicles to seem similar to high-end luxury automobiles constitutes trademark infringement and dilution of the rights holder's mark? Bentley sued Defendants Matthew McEntegart, owner of St. Petersburg, Florida based Fugazzi Cars Inc., and Robert Frary III, owner...

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Trademark Infringement in the Automobile Industry Part I: Tata Motors, Bajaj Auto Limited

This post brings to light some of the Indian cases dealing with trademark infringement in the automobile industry. The first case that  would be discussed here is that of Tata Motors. The story starts in mid 2014, when Tata Motors approached the Court of Chief Metropolitan Magistrate, Vidya Prakash, complaining of some unknown persons engaged in the business of manufacturing, trading, distributing, storing and selling counterfeit and spurious products under the trademark of ‘Tata Motors’. Tata Motors informed the Court that it manufactured and sold automobiles along with other related products and had a long standing reputation in the market. In this...

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Fast Moving Consumer Goods Industry

  Brands – the backbone of Fast Moving Consumer Goods (FMCG) valuation William Shakespeare once said “What's in a name?” For FMCG companies, it’s all about the product names that consumers identify from the TV advertisements or trips to the supermarket. It is critical to your business because: It’s a marketing tool; brand recall leads to greater sales and profitability It strengthens your licensing opportunities and therefore revenue from distributors/partners It increases your company’s valuation, leading to greater investments and dividends   Global Brand Valuation 2013 – Fast Moving Consumer Goods (FMCG) Leaders What would a consumer pay for an Rs.35/- Coke bottle if it...

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