This week’s trademark updates are as follows:
A piracy of ‘Torts’
In the matter of Allahabad Law Agency v. Amazon Retail India Pvt. Ltd. & Ors., the plaintiff sought for permanent injunction against several sellers on the defendant’s platform who have been found selling pirated versions of the book- ‘Law of Torts’ by Dr. RK Bangia. A Delhi Court, understanding the gravity of the situation, has passed an ex-parte ad-interim injunction restraining the defendants and several others from either publishing, selling, soliciting, networking or supplying the pirated copy of the book. The Court has appointed Advocate Amit Kumar Gupta as local commissioner to seize any copies using the trademark of Allahabad Law Agency. The Court stated that- “Prima facie case is made out under Order XXVI Rule 9 read with Section 151 CPC for appointment of local commissioner with the submissions that nature of case warrants an ex-parte order for appointment of local commissioner for the purpose of prima facie ascertaining the alleged acts of infringement, passing off by the defendant in respect of products of plaintiff”.
A ‘CURLY’ confusion
The Delhi High Court recently detained a manufacturer from using the trademark CRAX ‘CURLS’.
In the matter of DFM FOODS LIMITED v. CHANDEL STORE & ORS., the Delhi High Court held the Defendant’s mark KURVY and its packaging to be using deceptively similar to Plaintiff’s CRAX CURLS and its packaging. The court held that, ‘..the goods being of low monetary value and being sold over the counter of grocery stores, as also other small shops, the attention span of an average consumer is low and such unwary consumer can be easily deceived.’
Vote for your favourite GI
A public poll is being conducted by The Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) on the most liked Geographical Indication (GI) in India. Users can participate in the poll by providing their names, email addresses and mobile numbers. The poll, open till October 2nd, 2022, allows users to choose the GIs most liked by them under each GI category, namely Agriculture, Food Stuff, Handicraft, Manufactured and Natural.
Lambo.com domain won by Lamborghini
Automobile Lamborghini S.p.A., owner and manufacturer of Lamborghini cars, filed a case with the World Intellectual Property Organization (WIPO) against Richard Blair, a domain investor and owner of the domain Lambo.com. Richard Blair, commonly known as Lambo had been using the domain. A WIPO panel, via its Administrative Panel Decision dated August 3rd, 2022 ordered that the disputed domain name be transferred to Lamborghini as Richard Blair did not provide enough evidence to support his claim.
Authored by Lavanya Anand (Associate, BananaIP Counsels) and Dinesh G (Intern).
This post is brought to you by BananaIP Counsels’ Trademarks and Copyright Attorneys
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