Indian Trademark Updates
Samsung India Faces Temporary Injunction in Trademark Infringement Suit
In a recent decision by the City Civil Court at Bengaluru, technology giant Samsung India, along with its service provider Story Experiences Pvt. Ltd., have been temporarily restrained from using the term “Concierge”. The suit was instituted by Dipali Sikand, the founder of Lesconcierges Services Pvt. Ltd. and Club Concierge Services (India) Pvt. Ltd., who claimed that she was the first person to introduce concierge services in…
Sun Pharmaceutical Industries Limited vs Cipla Limited
In this case, the Respondent/Plaintiff filed a suit for a permanent injunction before the Madras High Court against the Applicant/Defendant for infringement of its copyright and trademark. The Court herein, granted an interim injunction in favour of the Respondent/Plaintiff. Henceforth, the Applicant/Defendant filed three applications with a plea to vacate the interim relief granted on grounds of urgency. The plea was based on the fact that the drugs were of a huge amount,…
A total of 70,924 patent applications were examined in 2020 as opposed to the total of 83,226 patent applications examined in 2019. The total number of grants in 2020 also shot up by as much as 12% in comparison to the total number of grants in 2019. The patent office on an average examined and issued 194 first examination reports (FERs) per day.
2020 certainly appears to have been a great year for Industrial designs. A total…
61% decrease in the total trademark applications examined this week, a decrease of 5937 in the total number of applications disposed through show cause hearings and more. These statistics have been compiled from the official journal of the trademark office published weekly on Mondays.
INDIAN TRADEMARK STATISTICS
The effects of the Corona virus can be seen on the Indian Trademark Office as well. The total number of trademark applications examined has decreased by sixty one percent (61%). Similarly, there has been…
Martha Graham is well known for her modern dance technique, choreography, sets, costumes, jewellery and other creative work, and she is today a legend in dance circles. Her unique technique and style is referred to as Martha Graham Technique or Graham's Technique after her name. Martha Graham was quite protective of her creative work, and allowed very few dance companies to perform her choreographies during her life time. In her effort to finance her creative work and promote/disseminate her technique/style,…
22% Increase in Trademark Registrations this Week, 62 Renewal Notices issued This Week and more. These statistics have been compiled from the official journal of the trademark office published weekly on Mondays.
INDIAN TRADEMARK STATISTICS
Last week, the Indian Trademark Office has had a mixed week. The total number of applications disposed through show cause hearings has increased by four percent (4%). Similarly, the total registrations granted has increased by twenty two percent (22%). However, there has been a decrease of…
This post was first published on September 24, 2011.
RADICO KHAITAN LIMITED V. CARLSBERG INDIA PRIVATE LIMITED , decided on 16th September, 2011 by Delhi High Court
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…
This post was first published on June 30th, 2014.
Generally, trademark protection is limited to the protection against unauthorized use of a trademark on identical or similar goods or services. The deceptive similarity and likelihood of confusing elements are not applicable in cases where an alleged conflicting mark is used in respect of dissimilar and/or unrelated goods and services. For example, the use of the mark KODAK for hotels or catering services would not amount to trademark infringement under the…
This post was first published on June 27th, 2014.
What's in a name? - This question of William Shakespeare's would probably fade away into the background when it comes to the Entertainment Industry. The importance given to a name seems like just about everything in the context of the Entertainment Industry, since it creates an identity and makers of a film all over the world are choosy to the point of being cranky when it comes to giving their film…
This post was first published on December 22, 2011.
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…