Tag: Passing off

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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The image depicts the purple Yahoo logo

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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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.…

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

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…

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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…

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