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Turkish PTO dismisses Armani’s Opposition in battle over “A”
The Turkish Patent & Trademark Office (Turkish PTO), on January 07, 2019 refused an Opposition filed by Giorgio Armani S.P.A. against an Indian Proprietor’s mark A AQA Natural Mineral Water (label)...
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CAN REMEDY OF PASSING OFF BE CLAIMED FOR A REGISTERED DESIGN?
The question of availing the remedy of passing off for a registered design has been cleared post Delhi High Court’s recent judgement, ‘Carlsberg Breweries A/S. vs. Som Distilleries and Breweries...
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REQUEST FOR EXTENSION OF TIME: AN AMBIGUOUS PROVISION?
The issue regarding the request for extension of time has been discussed in the judgement by the Intellectual Property Appellate Board (IPAB) in the case of Sahil Kohli (Appellant) vs. The Registrar of...
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FACETS OF COMPARATIVE ADVERTISING: Horlicks Limited Vs. Heinz India Private...
The flurry of full-page ads with competitive claims, and television commercials in which brands take sly potshots at each other have kept the spirt of marketing warfare alive. However, the days of...
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Evolution in Indian Prosecution: Moving towards Patent-Prosecution Highway (PPH)
In the past few years, there have been many major changes in the Indian Patent Law. One such change, which is aimed at revolutionizing the patent procedure in India is the introduction of...
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India: Davines S.p.A wins domain name dispute
Davines S.p.A, the leading international hair care products manufacturer, filed a complaint under against the Chinese owner of the domain name <davines.in> under the .IN Domain Name Dispute...
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India: Patents (Amendment) Rules, 2018
The Department of Industrial Policy and Promotion, Ministry of Commerce and Industry, has released New draft “Patents (Amendment) Rules, 2018” in the official Gazette dated December 4, 2018. Broadly,...
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THE BATTLE OF TRADE DRESS: LA OPALA R.G. LTD. VS CELLO PLAST & ORS.[1]
A trade dress in India is not given any explicit statutory protection and is not mentioned in the Trade Marks Act, 1999. However, the definition of a trademark under Section 2(zb) of the Trade Marks...
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INDIA: Solvay S.A. wins domain name battle in India
SOLVAY S.A., the well renowned Belgian chemical company, reclaimed ownership of the domain name <solvay.co.in> by filing a complain under the .IN Domain Name Dispute Resolution Policy (INDRP)....
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India: Suits pertaining to a registered design also constituting a trade mark...
The Delhi High Court on February 18, 2019 pronounced a judgment in a batch of suits involving various footwear manufacturers, titled Crocs Inc. USA v/s. Aqualite India Limited[1] and ors. and held that...
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Madras High Court’s decision: Setting the right trend towards ending...
In a move that may have notable positive ramifications on the administrative procedures adopted by authorities in proceedings before them especially with respect to the patent procedures in India, the...
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DOCTRINE OF EQUIVALENTS
OVERVIEWIn a landmark judgment, the Delhi High Court noted that “A monopoly of the patent is the reward of the inventor”.While adjudicating patent infringement matters, Indian Courts have appreciated...
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India: Exemplary damages awarded for trademark infringement and counterfeiting
In a welcome development in the trademark regime, a whopping INR 1.85 crores (USD 26500 approximately) have been granted as punitive damages to a UK based firm, Whatman International Limited for...
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Artificial intelligence – The Evolution Has Just Begun
Computers have been one of the most empowering inventions given to the mankind and since its inception, their capability to perform various tasks has been growing exponentially. Continuous research is...
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India’s first ‘Dynamic’ website blocking injunction for Copyright infringement
The Delhi High Court through its judgement in ‘UTV Software Communication Ltd and Ors. vs. 1337X. TO and Ors.[1]’, delivered on April 10, 2019, has made a significant contribution to the jurisprudence...
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India: Draft Patent (Amendment) Rules, May 2019
The Department of Industrial Policy and Promotion has published Draft Patent (Amendment) Rules, 2019 (the “draft Rules”) on May 31, 2019.The amendment in the said rules has mainly been proposed in...
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Asus restrained from using its ZEN and ZENFONE marks by the Delhi High Court
On June 4, 2019 the Delhi High Court, through the single judge bench of Justice Manmohan, passed a judgement restraining Asus Technology Private Limited & ors. from selling and advertising mobile...
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ANNUAL WORKING REPORT- INDIA’S UNIQUE REQUIREMENT
INTRODUCTION:The requirement of filing Statement of commercial working of patents in India has been an integral part of the Indian Patents regime since inception. It has been observed in the recent...
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Delhi High Court comes down heavily on the practice of ‘Defendant Masking’
The Delhi High Court in its recent order in ‘Bata India Limited vs. Chawla Boot House & Anr’[1], came down heavily on the practice of ‘defendant masking’. Plaintiffs use this strategy to avoid...
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CAN CONTEMPT IN AN INTELLECTUAL PROPERTY DISPUTE PUT ONE BEHIND THE BARS?
The Bombay High Court, on May 16, 2019, passed a notable order through a single judge bench of Justice S.J. Kathawalla, in the case of Cargill India Pvt. Ltd. V/s M/s M.M. Oil Enterprises, wherein the...
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