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Image accompanying blogpost on "CASE BRIEF : Amazon Seller Services Pvt. Ltd. & Anr. vs Amazonbuys.in & Ors."

CASE BRIEF : Amazon Seller Services Pvt. Ltd. & Anr. vs Amazonbuys.in & Ors.

Facts The Plaintiff, Amazon Seller Services Pvt. Ltd., owns, operates and manages the India online marketplace at www.amazon.in on which lakhs of third-party sellers and buyers interact and conduct their transactions. Plaintiff No. 2, owns the trademark ‘AMAZON’ in various classes and copyright on the ‘AMAZON’ logos. Plaintiff No.2 has licensed its copyrights and trademarks to Amazon Seller Services, for the purposes of promotion, publication and merchandising within the territory of India. Amazon Seller Services alleged that the Defendants, Amazonbuys.in and others…

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image of Latest Trademark Cases in 2022 - Part 2

Latest Trademark Cases in 2022 – Part 2

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: M/S. Apex Laboratories Pvt. Ltd Vs. Axis Life Sciences The Plaintiff, Apex Laboratories, used the trademark “ZINCOVIT” since the year 1990 and established great reputation and good will in the market. The Plaintiff adopted a distinct and a unique seven strip colour packaging from the year 2014 for their product, a multi-vitamin supplement for adults and children to boost their immunity. The Defendant,…

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Latest Trademark Cases in 2021 - Part 12

Latest Trademark Cases in 2021 – Part 12

Pidilite Industries Limited v. Platinum Waltech Limited The Plaintiff filed this suit against the Defendant seeking relief in trade mark, copyright and designs combined with causes of action in passing off in each. The Plaintiff was a well-known manufacturer of products relating to the construction and paint industry and had a worldwide presence since 1969. The Plaintiff had several trademarks related to its products which included the DR FIXIT mark with a distinctive device of a man wearing a yellow…

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Latest Trademark Cases, 2021- Part 11

Latest Trademark Cases in 2021 – Part 11

Avtar Singh & Ors. v. Sakshi Srivastava & Anr. There were four Plaintiffs in this case, i.e., Mr. Avtar Singh, Mr. Harkirat Singh, Aero Traders Private Ltd. and Aero Associates Pvt. Ltd., who co-owned M/s Aero Club. They filed an application for the trademark “WOODS” in the club’s name firstly in 1994 and 1996 under Class 25 and in 2017 under Class 3. The Plaintiffs together subsequently registered trademarks “WOODLAND”, “WOODLAND” (stylised) and other “WOODLAND” marks on varying dates in…

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Latest Traemark Cases Part 10

Latest Trademark Cases in 2021 – Part 10

Geetanjali Studio Private V. Nuxi To Kut N Kurl Private Limited In this case, Geetanjali Studio Private, the Plaintiff filed an application under Order 39 Rule 1 and 2 of the Civil Procedure Code 1908 seeking prima facie ex-parte injunction to restrain Nuxi To Kut N Kurl Private Limited, the Defendant, from offering for sale of any services or goods under the marks GEETANJALI, GEETANJALI SALON, GEETANJALI STUDIO or any other identical or deceptively similar marks. The Plaintiff entered into…

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Latest Trademark Cases 2021, Part 9

Latest Trademark Cases in 2021 – Part 9

Hindustan Unilever Limited v. Vansh Cosmetic and Anr In this case, the Plaintiff was the true proprietor of the marks “LAKME”, “LAKME NINE TO FIVE, NINE TO FIVE”, “9 to 5”, “LAKME EYECONIC”, “LAKME ABSOLUTE”, “LAKME ABSOLUTE WHITE INTENSE”, “LAKME ABSOLUTE ARGAN OIL RADIANCE” and many others, which had been successful in the market since 2011. Around July 2021, it was found that the Defendants were selling the counterfeit cosmetic products/goods of “LAKME” brand the counterfeit products were a blatant…

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latest trademark cases 2021

Latest Trademark Cases in 2021 – Part 8

Prateek Chandragupt Goyal vs The State of Maharashtra and Anr. In this case, the petitioner, Prateek Goyal, a journalist working with Newslaundry filed a writ petition to quash the First Information Report registered against him at Vishrambaug Police Station, Pune for offences under Section 103 of the Trade Marks Act, 1999. The FIR was registered against the petitioner by Chief Administrative Officer of Sakal Group for writing highly defamatory articles against the Sakal Media Group and that use of the…

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Latest Trademark Cases, 2021 - Part 7

Latest Trademark Cases in 2021 – Part 7

Victoria Foods Private Limited v. Rajdhani Masala Co. & Anr. In this case, the Plaintiff claimed to have originally conceived and adopted the trademark “Rajdhani” for food products, condiments, confectionary, etc. Through social media it found that the Defendants, engaged in the business of Indian Spices under the name of “Rajdhani Masale Co.” and “New Rajdhani Masala Co.” were using its trademark and labels on their products. Aggrieved by the same, Plaintiff filed a suit as well as an interim…

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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.

Personality Rights in India – Part II

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…

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

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…

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