This week’s trademark updates are as follows –
Karnataka HC Overturns Civil Court Order – Allows Vogue Institute to Retain the name ‘VOGUE’
Overturning the order passed by the Bengaluru City Civil Court, the Karnataka High Court has allowed the Vogue Institute to retain the name ‘VOGUE’ in their name and their trademark. The Karnataka HC stated that the test applied by the Trial Court to assess whether a common person would be confused upon seeing the word ‘VOGUE’, was not applied accurately. The HC opined that the defendants were operating a teaching institution, and were not involved in publishing a magazine. The Court, while overturning the order quoted, ‘The only aspect to be considered is whether the mark is likely to deceive or confuse the public who may buy defendants’ goods as if they were the plaintiff’s goods.’ The Court found it unlikely that people joining the defendant institute are likely to confusingly associate the name of the popular magazine.
Sun Pharmaceuticals fined for Concealing Material Information in Infringement Case
The Delhi HC fined the Sun Pharmaceuticals for concealment of material facts in a case initiated by the company against DWD Pharmaceuticals, the defendants. The dispute was over the use of the mark ‘FOLZEST’. Sun Pharma claimed infringement of their mark ‘FORZEST’, and claimed that they came to find about the mark of the defendant only recently. However, the defendants denied that claim and submitted evidence proving that Sun Pharmaceuticals were aware of their registration of the mark ‘ZEST’ in 1983, and also of the other marks applied by the defendant in the ZEST family marks. While the court upheld the interim injunction against the Defendants from using the impugned mark, it fined the Plaintiff for concealing information to obtain the injunction order.
New products from the state of Uttar Pradesh to get their GI Tags
In line with the implementation of the One District One Product (ODOP), the products from the state of Uttar Pradesh are now set to receive their GI Tags. Products such as the ‘Banaras Pan’, the Agra ‘Petha’, the Mathura’s ‘Peda’ and several others, including a total of 36 products have received their GI Tags. In addition to these 36, there are several other products such as Bithoor’s ‘Jamun’, Hathras’ ‘Rose’, etc. are also expected to receive their GI Tags.
Delhi HC restrains public from using actor Amitabh Bachchan’s Images, Name and Voice
In a petition filed before the Delhi High Court, the Court stated that the likeness of the famous actor, Amitabh Bachchan. The representatives for the actor argued that the images, voice, and the name of the actor were being used without proper authorization. Mr. Harish Salve, while presenting the case before the bench argued that there were clothes using the image of the actor, domain names registered in the name of Mr. Amitabh Bachchan while having no authorization or relation with the actor. Some people, as Mr. Salve argued, were even hosting lotteries by showing association with the popular quiz show hosted by the actor, ‘Kaun Banega Crorepati’. The Court went on to hold that the name, voice or any other personality traits cannot be misappropriated, or used otherwise without proper permissions and authorization.
Authored by Lavanya Anand (Associate, BananaIP Counsels) and Tanmaya Purohit (Intern).
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