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Passing off Tag

BananaIP Counsels > Posts tagged "Passing off"

Personality Rights in India – Part II

This Image depicts the word art of 'Personality'. This Image is relevant as the article deals with the Persoanlity Rights in India. Click on this Image for more Information.

This post was first published on 26th June, 2014.   Justification for Publicity Rights is based on the Lockean Labor Theory, which essentially says that the fruits of one’s labor are one’s own. Therefore, Publicity Rights permit the exploitation of one’s persona by oneself. Unauthorized use of a person’s identity, including the person’s name, voice, image and likeness for commercial gain may give rise to a successful cause of action against the infringing party. Since Publicity Rights are one of the two parts of Personality Rights, let us now look at the relevant law for the protection of Personality Rights: 1. The Apex Court of...

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Yahoo! Inc. v. Akash Arora and another, 1999 Arb. L. R. 620

The image depicts the purple Yahoo logo

First Publication Date: 28th August 2008.   CASE FACTS Yahoo Incorporation is the owner of the well known trade mark, Yahoo and of the domain name Yahoo.com; both the trademark and the domain name acquired a distinctive name, good will and reputation. Yahoo.com had been registered by Yahoo Inc with Network Solution Inc since 1995 and offers a whole range of web based services. The trade mark Yahoo had been registered or was close to being registered in 69 countries. Yahoo Inc had not registered its domain name in India. Akash Arora started to offer web-based services similar to those offered by Yahoo.com under...

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DuPont Insecticide Infringement, Beatles Looking to Sink Counterfeiters and other news.

“Indian Trade Mark Statistics for February (Fiest Week) 2018, Beatles engage in counterfeit battle , Banaganapalle Mangoes GI Registered and more Weekly Trade Mark News” brought to you by the Trade Mark Attorneys at BananaIP (BIP) Counsels. TRADE MARK QUOTE OF THE WEEK ‘If you do not give the market the story to talk about, they’ll define their brand story for you.’ – Phil Dusenberry INDIAN TRADE MARK STATISTICS The Indian Trade Mark Office had an upbeat week in comparison to the previous one. The total number of applications examined has increased by forty-one percent (41%). There has been an increase in the total...

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Trademark Stats, Trademark Branding, Licensing, Domain Name Disputes, Trademark tips and more

The featured image reads "Weekly news updates: Trademark news." The featured image also contains the logo of intellepedia. To read more on this, click here.

Trademark Stats, Interesting Trademarks, Indian Trademark News, recent trademark Cases, trademark Branding, Licensing, Domain Name Disputes, Trademark tips and more, presented by the Trademark attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm. TRADEMARK QUOTE OF THE WEEK "The Ideal trademark is one that is pushed to its utmost limits in terms of abstraction and ambiguity, yet is still readable. Trademarks are usually metaphors of one kind or another. And are, in a certain sense, thinking made visible" ---Saul Bass Trademark Stats from the Indian Trademark office (5th April-10th April) The Trademark Office has been a little slow this week considering there has been...

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Sun Pharma’s big win against Cadila healthcare

  Cadila Healthcare is not only a popular name in the pharma industry but also in trademark circle. The people in the trademark fraternity are well aware about the landmark judgment involving Cadila Healthcare, which established the criteria for trade mark passing off action. Last week, the Madras High Court passed an order, i.e. a permanent injunction against Cadila Healthcare, refraining the company from using any similar trademark, as that of  "VENIZ " which belongs to Sun Pharmaceuticals. Sun Pharmaceuticals had  adopted the trademark VENIZ in August 2000 for medicines to combat depressive disorders and other psychotic disorders and Venlafaxine Extended Release capsule under the...

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Sun Pharma’s Big Win against Cadila Healthcare

The featured image shows many strips of tablets and a thermometer on a grey background. The post is regarding the trademark dispute between Cadila health care and Sun Pharma . To know more please click here.

Cadila Healthcare is not only a popular name in the pharma industry but also in trademark circle. The people in the trademark fraternity are well aware about the landmark judgment involving Cadila Healthcare, which established the criteria for trade mark passing off action. Last week, the Madras High Court passed an order, i.e. a permanent injunction against Cadila Healthcare, refraining the company from using any similar trademark, as that of  "VENIZ " which belongs to Sun Pharmaceuticals. Sun Pharmaceuticals had  adopted the trademark VENIZ in August 2000 for medicines to combat depressive disorders and other psychotic disorders and Venlafaxine Extended Release capsule under the...

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Sipping on IP – Conversation on Intellectual Property

The featured image is a top shot of a coffe mug with black coffee and the mug surrounded by coffee beans. The post contains an episode of sipping on IP. To read more click here

  Well I am guessing the title of this post may have piqued your interest. ‘Sipping on IP’ is an initiative taken by BananaIP, where everyone gathers over coffee and lets ideas, discussions and conversations about intellectual property brew. There are no ground rules and the conversation can be about varied topics from more current pressing issues to any IP related concept. It is a great way to connect, take a break and learn from your peers. Let’s see what we sipped on previously.   Date: 26/04/2016 Topics discussed: Start-Ups Intellectual Property Protection (SIPP) scheme launched by the government of India. Sanjeevani, Anjali, Aniruddha, Gaurav and Subhashree...

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The SplitView Squabble

The image is of an Apple Inc stor in Paris as the post is about a trade mark dispute concerning Apple. Cleck here to read more.

The Delhi High Court has recently vacated an ex-parte ad-interim injunction in the case of Apple Inc. v. Rohit Singh & Another.Rohit Singh, a software developer and consultant at Vyooh Low Level Computing LLP, initiated an action of passing off against Apple Inc. for using the mark ‘Split View’ or a deceptively similar variant in relation to its software products. Rohit Singh developed three proprietary software products, Split View, Disk View and View Scribe respectively. Vyooh claimed that Splitview has been a popular software that allows users to simultaneously work on multiple windows on the user's single computer screen which has...

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Pidilite Industries vs. Vilas Nemichand Jain.

Trademark Infringement

This post discusses a recent case update with regard to prior use of a descriptive trademark. The case presents an interesting aspect of trademark law, i.e., when claiming for passing off action of a descriptive trademark, the Plaintiff must provide convincing evidence to establish the prior use and the secondary meaning which has been acquired for the trademark. The case described herein was filed on 26th July 2010 before the High Court of Bombay, by two companies namely, Pidilite Industries Limited and Hardcastle & Waud Manufacturing Co. Ltd against the defendant, Vilas Nemichand Jain. The plaintiffs instituted an action against the...

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