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BananaIP Counsels > Posts tagged "trademarks"

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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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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Ahmedabad Shopping Festival Trademark Row, Walt Disney and Reliance Retail Merchandise Collaboration, India’s First GI Store in Goa and Other News

Indian Trademark Statistics for January (Fourth Week), National IP Awards-2019, Las Vegas Resorts Settles Trademark Dispute, Popsugar Files Trademark for Twinning, Ahmedabad Shopping Festival Trademark Row Resolved and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Brands are avenues of value innovation in a creative engagement between companies and their customers” - Tenaya Group INDIAN TRADEMARK STATISTICS The Indian Trademark Office has had a mixed week. The total number of hearing notices issued by trademark office has increased by five hundred and seventy one percent (571%). The total number of registrations granted has increased...

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Trademark and Copyright Statistics in India: Recap 2018

In this post, we bring to you a recap of the Trademark and Copyright statistics from 2018 and a comparison of these numbers with the statistics of 2017. COPYRIGHT YEAR IN REVIEW 2018 Copyright Applications Filed in 2018   Work   No. of Applications in 2018 Literary/Dramatic 9,652 Artistic 4,698 Music 323 Cinematograph 306 Sound Recording 710 Computer Software 2,143 Total 17,832 Copyright Applications Filed Monthly in 2018                           Month Literary/Dramatic Artistic Music Cinematograph Sound Recording Computer Software January 949 387 39 28 45 152 February 756 339 35 11 70 101 March 898 346 31 51 42 153 April 840 404 17 14 35 587 May 778 390 31 27 142 157 June 710 410 26 21 87 215 July 837 305 28 43 60 124 August 737 433 30 42 37 121 September 770 410 23 42 52 90 October 688 437 23 4 37 145 November 864 406 20 14 67 153 December 825 431 20 9 36 145 Total 9,652 4,698 323 306 710 2,143 Total Registered Applications Between 2017 & 2018 Year (2017) Year (2018) Change Percentage Change 16,603 16,717 114 Increase of 0.7% Total Filed Applications Between 2017 & 2018 Year (2017) August - December Year (2018) August - December 7951 7141  *Data Provided for 2017 is August 2017 onwards as information before then is not available.  Judicial Precedents Dealing with Copyright Law during the Year 2018 Court/Tribunal No. of Orders Supreme Court...

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