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trademarks Tag

BananaIP Counsels > Posts tagged "trademarks"

‘Acquired Distinctiveness’ of Infosys Trademark

This post was first published on 18th November, 2011. Infosys Technologies Ltd vs Adinath Infosys Pvt. Ltd & Ors, High Court of Delhi  Facts: The plaintiff-company Infosys Technologies Private Limited is engaged in the business of providing IT services, solutions, consulting and business process management. INFOSYS is the registered trademark/service mark of the plaintiff-company in various Classes including Class 16 in respect of computer software. The Plaintiffs have strongly contended that owing to their excellent services offered by them, continuous, extensive and substantial use, the mark INFOSYS has acquired distinctiveness. The plaintiff contends that use of the mark INFOSYS implies that the goods/services...

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Zippo Manufacturing Company v. Anil Moolchandani & Ors. , High Court of Delhi

This post was first published on 15th November, 2011. Zippo Manufacturing Company v. Anil Moolchandani & Ors. , High Court of Delhi Pronounced on 31st October, 2011 Facts In February 2006 the plaintiff came across the defendant selling counterfeit lighters with the Zippo mark in the same shape and it was a verbatim imitation of the original Zippo lighters. Zippo, a company based out of USA claims to be a world leader in the manufacture and distribution of lighters alleged to be a well-known trademark. Keeping in mind the damage that can be caused to their company; they sent a notice to the defendants...

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Who Owns the Castle?

This post was first published on November 6th, 2011. South African Breweries International and Another v. Mohan Goldwater Breweries Ltd and Another (High Court of Delhi) FACTS Plaintiff No. 1 is a company registered in Netherlands and Plaintiff No. 2 is a joint venture company registered in India. Plaintiff No. 1 has registered CASTLE and CASTLE label in respect of beer in many countries and claims sale of USD 1 billion. The Plaintiffs contend that their mark is a well-known mark in India as well as in other countries and is well recognized worldwide. They have sponsored the South African cricket team for...

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Can God’s Name be Monopolized? ‘No’ Says the Court

This post was first published on October 19th, 2011. BHOLE BABA MILK FOOD INDUSTRIES LTD v. PARUL FOOD SPECIALITIES PVT. LTD.- High Court of Delhi.  (Division Bench) Facts: The Appellant has a trademark registration for the label KRISHNA with a pictorial reflection of Lord Krishna standing on a lotus flower for dairy products. The Respondent was selling ghee under the mark ‘PARUL’S LORD KRISHNA’ where the word KRISHNA was dominantly written in large font. The Appellant sought to obtain an interim order restraining the Respondent from using his mark in the said form but the order allowed the Respondent to use the mark with...

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‘Darjeeling’ is Not Owned by Tea Board

This post was first published on 19th September 2011. Tea Board, India v. I.T.C. Limited Decided by CALCUTTA HIGH COURT on 24th August, 2011 Facts The plaintiff is an autonomous, non-profit statutory body and was established by the Government of India for the purpose of controlling the Indian Tea Industry. This establishment is engaged in production, cultivation, marketing, sale and export of tea, encouraging research, and other numerous statutory duties and functions under the Tea Act. In order to preserve the integrity of tea sold under the name DARJEELING, the plaintiff has developed a distinctive DARJEELING logo, which consists of the image of a...

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Trademark Registration: Prima Facie Evidence of Validity?

The image has a word art "TM" standing for trademark. The post is about the question if registration is prima facie validity of trademark. Click on image to view post.

This post was first published on June 3, 2011. In a recent case, the Delhi High Court has categorically ruled that registration of a trademark is not prima facie evidence of its validity and thereby has created a slippery slope for most registrants of descriptive and less distinctive marks. The case related to use of the word mark ‘KRISHNA’ in relation to milk and milk products. The Plaintiff, by virtue of prior usership and prior registration claimed a permanent injunction against the defendant from using the word ‘KRISHNA’. Plaintiff’s case was that by virtue of registration, the plaintiff enjoyed the prima facie...

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The Art of Body Work: Intellectual Property and Yoga Massage

The featured image is the logo of IMOSHA - Inner Mountain School of Healing Arts at Mysore. To read more click here.

"Working with the body is an art more than a skill," Mr. Raghavendra tells his students of 'Yoga Massage' in his very first class. It is in fact fascinating to watch him express, original body work with elements of creativity that surpass intellectual property standards and take a substantial lead. While many body work sequences are based on traditional practices, several practitioners and therapists have over the years developed novel and creative sequences for various reasons ranging from recipient requirement to purely artistic expression. It might not be an exaggeration to state that every practitioner creates and performs original postures, sequences,...

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Intellectual Property and Business – A Presentation by Dr. Kalyan C. Kankanala at IIM – Bangalore

The featured image is the screenshot of the first slide of this presentation.

This presentation is titled "Intellectual Property and Business" and was delivered by Dr. Kalyan C. Kankanala to the students at the Indian Institute of Management - Bangalore (IIMB). The presentation covers the following topics: - Party Conversation - Intellectual Property and its forms - Patents - Illustrative Example - Elfot - Prior Art for Elfot - Industrial Designs - Trademarks - ELFOT – trade mark - Copyrights - Trade Secrets - Integrated Protection - Licensing Matrix - The Dravidian - Dr.Kalyan's Books You may access the full presentation here: [slideshare id=82566421&doc=intellectualpropertyandbusiness-dr-171123072610] The presentation is intended to serve as a reference material for the PPT above. [slideshare id=82567258&doc=pptreferencematerial-171123074233] About Dr. Kalyan C. Kankanala Dr. Kalyan C. Kankanala manages the largest new age Intellectual...

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Fundamentals of Intellectual Property – Presentation by Dr. Kalyan C. Kankanala at UPES School of Law

This is the image of the first slide of the PPT titled "Fundamentals of Intellectual Property"

The following presentation titled "Fundamentals of Intellectual Property" is part of the Patent Law and Practice Program being taught by the BananaIP Team to the B.tech-LLB Students of  UPES School of Law, Dehradun. The presentation covers the following topics: Introduction to Intellectual Property Species of IP Patents Copyrights Brand Value Trademarks Industrial Designs Trade Secrets Geographical Indications Traditional Knowledge Dr. Kalyan’s Latest IP thriller - The Dravidian You may access the full presentation here: [slideshare id=81360117&doc=class1funipppt-171030071802] About Dr. Kalyan C. Kankanala Dr. Kalyan C. Kankanala manages the largest new age Intellectual Property Firm, BananaIP Counsels, headquartered at Bangalore, India. In addition to helping clients maximize business value...

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Why the Name BananaIP? Why Not?

Are You Banana's? Why name the firm BananaIP Counsels

"Are you the Bananas?" the client asked, laughing loudly when we entered. "Yes, we are," I said, laughing with her. Almost every one laughs when we introduce ourselves for the first time. "Hi, I am from BananaIP." "Where did you say you are from? Ha Ha Ha" They can't help laughing. One even went to the extent of proclaiming, "Who in the right frame of mind calls an IP firm Banana!" "Me," I said instantly, summoning all my energies to put up a poker face. Laughter again. They laugh, and keep laughing, but never forget. BananaIP is engraved in their memories forever. "Why did a person like you call...

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