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Trademark Infringement Tag

BananaIP Counsels > Posts tagged "Trademark Infringement"

Beer versus Whiskey- Beer Wins 8PM battle

The image depicts a beer stein full of beer. The image also reads Beer, with a byline 'All a man needs. Apart form sex'. This case talks about the tussle between beer companies for the mark 8 PM. Click on the image to read the full post.

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 Facts:- 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 adopted the mark 8 PM in the year 1997 in relation to whiskey and has been extensively using the same since 1999. The Plaintiff is the Registered Proprietor...

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Pepsodent’s Attaaaack on Colgate Continues

First Publication Date: 18th September, 2009.   In furtherance to our earlier blog here relating to the advertisement war between Colgate and Pepsodent and comparative advertising, the Delhi High Court recently, on 21st August 2013, denied grant of interim injunction against Hindustan Unilever Limited ('HUL'/Pepsodent) and held that Court was not persuaded at this stage to hold the impugned TV advertisement or the impugned printed advertisement by HUL to be disparaging of or denigrating the product ‘Colgate Dental Cream Strong Teeth’ of Colgate-Palmolive. Colgate-Palmolive (“Colgate”) brought an action against HUL relating to the advertisements published by HUL regarding Colgate’s toothpaste Colgate Dental Cream...

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MUCOSOLVIN confusingly similar to MUCOSOLVAN

The image depicts the logo of Mucosolvan. This post describes a recent win for its trademark in a legal tussle. Click on the image to read the full post.

This post was first published on 5th January, 2014.   The Hon’ble Delhi High Court delivered another thought-provoking judgment on the 16th of December, 2013 related to the pharmaceutical industry. The plaintiff in the present case is Boehringer Ingelheim Pharma Gmbh & Co., a German company with its principal place of business in Germany, whereas the Defendant is IPCA Laboratories Ltd., with its principal place of business in Mumbai. The Plaintiff has been using the trademark MUCOSOLVAN since 1979 in 56 countries including India for pharmaceutical preparations used mainly for the treatment of productive cough. The trademark application filed by the Plaintiff before the Indian Trademark...

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Inebriated @ 8

The image is a bottle of liquor 8 PM. The post is about a Delhi High Court decision about trademark in numbers. Click on image to view post.

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 'Palone 8' and as a result was sued by Radico (detailed analysis of the facts and earlier order of the...

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Trademark Violations in Comparative Advertising

The image depicts a display of ads in New York

This post was first published on December 2nd, 2012. Comparative Advertising is, as the name suggests, advertising that compares one product or service with another. Comparison is made with the intention of increasing the sales of the advertiser either by suggesting that the advertiser’s product is of the same or better quality to that of the compared product. The aim of such advertisement is to bring to public knowledge an honest comparison of one’s products with those of competitors.  Promotion of market transparency is intended but has other advantages such as regulation of prices and stimulating competition for improvement in products. Comparative...

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Autodesk, Inc. & Another v. Mr. Prashant Deshmukh & Others

This post was first published on June 25, 2011.   Facts: Autodesk Inc. is a well known U.S. based design software and digital content company which provides design software to professionals and has a large market in India as well. It is also the owner of various Trademarks in India including AUTODESK and AutoCAD.  Microsoft Corporation is the owner of various well known computer software like Microsoft Office and Microsoft Windows, having a subsidiary company in India. In May, 2003, Microsoft received information from Mr. Devesh Tiwari, a Service Engineer for computers of M & S Consultancy Services, about large scale use of...

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Could Exclusivity be Claimed Over the Word IMPERIAL for Alcohol?

The featured image is of the trademark symbol . The post is abouT change in the name of Office for Harmonization in the Internal Market (OHIM) to European Union Intellectual Property Office. please click here to read more.

  First Publication Date: 24th December 2009   The plaint was filed by Pernod Ricard S.A. France and Ors. alleging that the defendants’ (Rhizome Distilleries P. Ltd. and Ors.) whisky, Imperial Gold, was an imitation of and was structurally, as well as phonetically, similar to the Plaintiffs reputed trademark IMPERIAL BLUE and the registered trademark IMPERIAL RED. Also, the Defendants were said to have imitated the ROYAL STAG whisky label, in both the front and the rear panels. The whisky label was said to have used the trade dress which was an imitation of the ROYAL STAG trade dress in respect of colour...

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Superheroes trademark, NDTV and Discovery Network fight over Foodistan trademark, Textile Ministry plans for new certification mark, Nintendo initiates opposition proceedings against POKE GO, Ratnagiri Alphonso Mangoes to get GI Tag 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.

Interesting trademarks, Delhi Public School Trademark Dispute, Foodistan Trademark Dispute, Geographical Indication updates and Domain name infringement news, brought to you by the Trademark Team of BananaIP We wish all our readers a very happy World IP Day. On this World IP Day we hope that all stakeholders will take diligent and honest efforts to protect intangible assets. Trademark quote of the week " The talent for discovering the unique and marketable characteristics of a product and service is the most valuable asset of a trademark " -- Primo Angeli TRADEMARK STATS FROM THE INDIAN TRADEMARK OFFICE The Trademark Registry has been a little slow this...

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Nation wants to know trademark, Arnab Goswamy receives legal notice, Prius trademark dispute, Ivanka Trump’s trademarks, Volvo-bus.in domain dispute, candy crush saga licensing 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.

Interesting trademarks, Supreme Court on trademark infringement, Nation wants to know trademark dispute, Domain name infringement news and more brought to you by the Trademark Team of BananaIP Counsels. TRADEMARK THOUGHT OF THE WEEK “Products are created in the factory, but brands are created in the minds”- Walter Lander TRADEMARK STATS FROM THE INDIAN TRADEMARK OFFICE Particulars Last week This week Change in % Total Trademark applications examined by Trademark Office 2085 6411 An increase of 67.4% Total applications disposed through show cause hearings 152 593 An increase of 74 % Total applications published in the trademark journal 5070 4983 A decrease of 1.7 % Total registrations granted 2065 7729 An increase of 274 % Total hearing notices issued 645 1835 An increase of 184 % Total renewal...

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INDIAN TRADEMARK LAW ON PROTECTION OF MOVIE TITLE – Part 2

IP News Center : INDIAN TRADEMARK LAW ON PROTECTION OF MOVIE TITLE

Apart from applying for registration of a movie title under the Indian Trademarks Act, there are a number of industry associations to which the film makers look up to regarding protection of their film titles. Indian Motion Picture Producers' Association (IMPPA), Association of Motion Pictures and Television Program Producers (AMPTPP) and Film and Television Producers' Guild of India, Film Writers' Association and Western India Film Producers Association (WIFPA) are the associations that play a big role in protecting the commercial interest of movies. Producers and writers of movies can apply to be members of these associations which enable them to...

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