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trademarks Tag

BananaIP Counsels > Posts tagged "trademarks"

Upcoming Event: Protecting IP through online enforcement

BananaIP Counsels, through Intellepedia, is happy to announce a webinar titled “Protecting IP through online enforcement”, an online event for content producers, trademark owners, and other IP owners. Individuals, and companies of all sizes, create intellectual property and make it available online in many ways including by selling products, offering mobile apps, or publishing pictures and videos. With the internet becoming the primary mode of content sharing at present, content creators commonly face situations in which their intellectual property is infringed by third parties. Such infringement may be through unauthorized use of pictures, videos, music, or text content, or the use...

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Online Enforcement of IP

Online Enforcement of IP Online infringement of Intellectual Property Online infringement takes many forms, from the sale of counterfeit or infringing products via the internet, to copying domain names and website content. The internet today has efficiently created a wide range of opportunities for business firms, companies, organizations, and individuals to communicate their brand messages and reach their target audience. However, keeping aside the internet’s openness, versatility, and global reach, its unregulated character has created a fertile ground for infringement of copyrighted content, trademarked brand names and logos, and registered designs. In the broadest sense, online IP infringement covers the sale of counterfeit...

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2019 Intellectual Property Statistics in India – Up, Up and away!

Intellectual Property Statistics 2019 for patents, industrial designs, copyrights, trademarks and geographical indications

For many, 2019 appeared to be a tumultuous year, legally and politically, while for others it was a year of radical but welcome changes. The view remains divided. Intellectual Property in India however, appears to have had a reasonably good year saving some deeply tragic losses such as that of IP luminary, Prof. Shamnad Basheer. In this post, we bring to you a recap of the patent statistics from 2019 and a comparison of these numbers with the statistics from 2017 and 2018. The data provided herein is calculated for the respective calendar years (January to December). The data is likely...

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Flavour Marks – Can They Become a Reality?

This image depicts a pizza, as the post is about trademarking flavours. Click on the image to read the full post.

This post was first published on 26th November, 2014.   Here is the next post in the series of Student Blog Contest. This post is authored by Amrita Vasudevan. Every city has its food treasures and eating haunts, and Bangalore, for example, has Shivaji Military Hotel's Donne Biryani or CTR's Benne Masala Dose, both of which have quite the fan following. Eating joints like these often become landmarks, and a ‘must visit’ for tourists. We often associate a particular taste or flavour with an eating joint, a sort of trademark of that business. But can we then register and protect the flavour as one? Flavour marks,...

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‘Acquired Distinctiveness’ of Infosys Trademark

The featured image is of TM which is the abbreviation for Trademark. the post is aboutthe new trademark rules, 2017. To read more click here.

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 image depicts the picture of a Zippo fridge with the mark in its unique stylisation with a flame forming the dot on the 'i'. This post talks about how the company got a restraining order against brands that were passing off their products under the zippo mark. Click on the image to read the full post.

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

The image depicts a tea estate in Darjeeling.

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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Kindle eBooks, FDI eCommerce Policy and Amazon Marketplace – Non-compliance Continues Contd.

Amazon Marketplace Non Compliance

Amazon Seller Services Private Limited ("Amazon") runs the eCommerce marketplace at www.amazon.in, and among other products, Amazon facilitates sale of eBooks and/or eBook subscription licenses on the platform at its Kindle eBook Store at https://www.amazon.in/Kindle-eBooks/b?ie=UTF8&node=1634753031. In my opinion, Amazon's business and approach with respect to eBooks does not comply with the recent FDI eCommerce guidelines by virtue of the following: By exclusively permitting only its group company Amazon Asia Pacific ("Amazon APAC") to sell eBooks on its marketplace; By giving preferential treatment to Amazon APAC's eBook products on the Marketplace; By requiring authors to publish exclusively on its marketplace through...

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