This week’s trademark updates are as follows:
Gujarat High Court issues notice to Microsoft in trademark infringement suit
A local information technology company, Azure Knowledge Corporation Pvt. Ltd. had filed an appeal before the High Court against the order of the civil court seeking to restrain the global software giant, Microsoft Corporation from using its trademark “Azure”. The lower court has refused the request on grounds that the plaintiff failed to establish any loss or damage suffered by it. On appeal filed, the Gujarat High Court issued notice to Microsoft Corporation asking to file its reply by July 11.
Delhi High Court permanently restrains two pharma companies from using the mark “LOOZOUT”
In a recent order, the Delhi High Court has issued a permanent injunction against two pharmaceutical manufacturing companies, restraining them from using the mark “LOOZOUT” in manufacture, sale, advertisement, or promotion of their products. It has also restrained them from using any mark which is identical to or deceptively similar to the mark “LOOZ” registered in the name of the Plaintiff.
Ohio State University trademarks “THE”
The Ohio State University has successfully obtained registration over the word “THE” in respect of clothing that is used by the university for sporting events. Initially, the registration was refused by the United States Patent and Trademark Office on grounds that the mark was only being used ornamentally by the University and that there was likelihood of confusion because the fashion house Marc Jacobs had an earlier filed trademark application for an identical mark in respect of clothing items. However, Ohio State was able to prove that the mark was not merely being used ornamentally and was also able to secure Marc Jacob’s consent to register the mark.
Delhi High Court orders suspension of Domain Name “myvoltascare.com”
In a trademark infringement suit filed by the home appliance company Voltas, the Delhi High Court suspended the use of domain name ‘www.myvoltascare.com’ by the defendant and also ordered blocking access to the website. The plaintiff had filed the suit seeking permanent injunction against the defendant from using the plaintiff’s trademark.
Hyderabad lac bangles to get GI registration
The Geographical Indications Registry, Chennai has accepted the application of Hyderabad based, Creasent Handicrafts Artisans Welfare Association for obtaining GI tag over the lac bangles manufactured in the city of Hyderabad. These bangles are hand-crafted in the homes of artisans using molten lac.
Authored by Lavanya Anand (Associate, BananaIP Counsels).
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This Weekly Trademark Updates Bulletin is brought to you by the Trademarks and Copyright Division of BananaIP Counsels, a Top IP Firm in India. Led by Sanjeeth Hegde, BananaIP Counsels’ trademark and copyright attorneys are among the leading experts in the field. If you have any questions, or need any clarifications, please write to [email protected] with the subject: Weekly Trademark Update.
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