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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…
February 17, 2019 Intellectual Property, Trademarks 0Comment 487Views 0Like
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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…
February 16, 2019 Intellectual Property, Trademarks 0Comment 479Views 0Like
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The image depicts a tea estate in Darjeeling.

‘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…
February 16, 2019 Geographical Indications (GI), Intellectual Property, Trademarks 0Comment 1005Views 0Like
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Amazon Marketplace Non Compliance

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

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…
February 15, 2019 Copyrights, General, Intellectual Property, IP Commercialization/Licensing, Trademarks 0Comment 676Views 0Like
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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.

Trademark Registration: Prima Facie Evidence of Validity?

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…
February 13, 2019 Intellectual Property, Trademarks 0Comment 1255Views 0Like
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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…
January 31, 2019 Geographical Indications (GI), Intellectual Property, IP Commercialization/Licensing, Trademarks 0Comment 555Views 0Like
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Intellepedia - IP News Updates

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…
January 25, 2019 Copyrights, Intellectual Property, Trademarks 0Comment 736Views 0Like
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What’s in a Name Rihanna? Oyo to Expand to Philippines, ‘Puma x Maybelline’ Athleisure Makeup Collection, and Other News

Indian Trademark Statistics for January (Third Week), The Hotel Ritz Paris Wins Trademark Battle, Drake Loses Exclusive Rights Over ‘6IX’, Lindsay Lohan Discotheque, Naga Cucumber GI, and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Branding is not just about being seen as better than the competition. It’s about being seen as the only solution to your audience’s problem” – John Morgan INDIAN TRADEMARK STATISTICS The Indian Trademark Office has picked up…
January 23, 2019 Geographical Indications (GI), Intellectual Property, IP Commercialization/Licensing, Trademarks 0Comment 646Views 0Like
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IPAB Rules BSA Well-Known, Cartier’s Battle for Love, Tirur Betel Leaf GI and other news

Indian Trademark Statistics for January (First Week), 3D Cutemoji by Huawei, American Airlines & Expedia Settle, Cartoon Network Merch, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “People do not buy Goods and Services. They buy relations, stories and magic”- Seth Godin INDIAN TRADEMARK STATISTICS The Indian Trademark Office has had a mixed week in the past week. The total number of applications examined by trademark office has increased by thirty three percent…
January 9, 2019 Industrial Designs, Intellectual Property, IP Commercialization/Licensing, Trademarks 0Comment 500Views 0Like
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The Weeknd Being Sued Over “Starboy”, Patanjali to Launch Apparels, Sojat Mehndi Filed for GI and other news

Indian Trademark Statistics for November (Third Week) 2018, Burberry Stops Infringement, Patanjali to Launch Apparels, Jimmi Choo Defends His Name and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Products are made in the factory, but brands are created in the mind”– Walter Landor INDIAN TRADEMARK STATISTICS The Indian Trademark Office has picked up its pace in the last week. The total number of the applications disposed through show cause hearings has…
November 21, 2018 Geographical Indications (GI), Intellectual Property, IP Commercialization/Licensing, Trademarks 0Comment 484Views 0Like
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