This week’s trademark updates are as follows:
HT Media Ltd. provided relief from Delhi High Court
Delhi High Court has granted ex-parte ad interim injunction in favour of HT Media Limited (the news publication house) which has a registered Trademark – Hindustan Times. The order was passed against the rogue website for using a deceptively similar domain name and abstained the website from using www.hindustantimes.tech and also restrained the website from publishing any articles, columns, reviews that can violate the copyrights of HT media.
The Court added that plaintiff is a registered user of the mark and has a global viewership and reputation and the use of the mark in such a way will amount to unjust enrichment.
Delhi High court grants ex-parte ad interim injunction in favour of AMAZON
The Delhi High court restrained various rogue websites from using the trademark of the marketplace ‘AMAZON’. The Court restrained website https://amazonbuys.com and its Facebook page and https://estoreamazon.in
The Court accepted that the defendants were engaged in infringing and defrauding innocent members who wanted to register themselves with Amazon easy store. The court accepted the argument that the balance of convenience lies in favour of the plaintiff and they will likely suffer irreparable harm from such activities.
Amazon easy store is a program introduced by Amazon which allows parties to set up an Amazon Easy Store through the amazon easy marketing team.
Karim’s V. Kareem’s: An delicious food battle
The Delhi High Court has restrained the Mumbai-based businessman Kareem Dhanani from opening any new restaurants using the mark till August. The Court directed the Mumbai-based Kareem’s to make no such representation which can deceive the consumer and make them believe that it is the Karim’s at Jama Masjid, Delhi. The Court further ordered them to make at least two notices mentioning that Kareem’s is not associated with the Karim at Jama Masjid or Delhi. The Court mentioned that the plaintiff is the prior user of the mark and has a nationwide reputation but the defendant has also opened 41 restaurants with the mark Kareem’s and hence a balance should be made so that neither party is prejudiced irreparably.
Hailey Bieber sued
An infringement suit was filed against Hailey Bieber for marketing a skincare brand with the name RHODE. The suit was filed by a clothing brand named Rhode. The plaintiff said that they have a reputation in the market for providing high-end clothing and accessories lines, targeting “feminine, confident and well-travelled women.” And they have also been featured in Vogue magazine. Celebrities like Beyonce, and Rihanna have worn their clothes and hence use of the name Rhode by Hailey Bieber might confuse as people will associate the skincare brand with their brand.
GI sought for Gaumukh Gangajal
Inspired by the GI tag of Margaret and Hastings rivers in Australia, a Pune based organization has filed for GI recognition for Gaumukh Gangajal. The Application has been filed to recognize the unique features of the water. The Applicants state that the water is in its purest form and should be recognized for its characteristics. If granted, Gangajal would be the few natural resources in India that shall enjoy this protection. The Applicants have submitted various research papers to prove the water’s uniqueness and purity. Studies have shown that the water at the source has a Ph value of 7.18 and has anti-bacterial and self-cleansing properties.
Authored by Lavanya Anand (Associate, BananaIP Counsels) and Bharat Sharma (Intern).
This post is brought to you by BananaIP Counsels’ Trademarks and Copyright Attorneys
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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 firstname.lastname@example.org with the subject: Weekly Trademark Update.
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