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IPR News

Featured in this section are a selection of articles on various topics, both of legal and non-legal nature.
  • IP NEWS WEEKLY UPDATE – 6 SEP 2021

    Zed Lifestyle Pvt. Ltd. Vs. Hardhik Mukeshbhai Pansheriya The Plaintiff holds 18 registrations for the mark ‘BEARDO’ inclusive of Class 3. The Defendant holds registrations in Class 7 and 11 for the identical mark ‘BEARDO’ to which rectification proceedings are pending before the Trade Marks Registry. The Plaintiff has successfully satisfied the criteria envisaged under Section 29(4)  of the Trade Marks Act, 1999 by virtue of which an injunction order was passed restraining the Defendants from using the impugned mark as it is or in conjunction with any other figure or manner. The ...

  • IP News Weekly Update – 31 Aug 2021

    V Guard Industries Ltd. Vs. Sukan Raj Jain and Anr – Delhi High Court The Plaintiff, a proprietor from Kerala manufactures and markets electrical goods under the mark ‘V-Guard’ across the country and furthermore has a subordinate (supply) office in Delhi. The Plaintiff instituted a trademark infringement action before the Delhi High Court against the Defendant for using the mark ‘N-Guard’ with respect to machines electronics, electronic, electrical parts, etc. The Court has issued an ex parte ad interim injunction against the Defendant. The Defendant challenged the territorial jurisd...

  • IP News Weekly Update – 14 Aug 2021

    Biscuit Battle Last year Britannia had taken ITC to court alleging that the latter’s product packaging “Sunfeast Farmlite 5-Seed Digestive” and  “Sunfeast Farmlite Veda Digestive” were deceptively similar to Britannia products. Soon after the dispute, ITC modified its packaging and Britannia expressed that it had no objection to the use of the modified packaging by ITC. However, the Delhi High Court ruled that the disputed packages “cannot be called as deceptively similar” as the name of the product on the packages are abundantly clear. Regardless, Britannia subsequently gav...

  • IP News Weekly Update – 26-31 July 2021

    Trademark tiff on ‘Natural Ice creams’  The Plaintiff, Siddhant Icecreams LLP & Kamath Ourtimes Icecreams Pvt. Ltd. sued a Gujarat-based company and another for infringing the use of the term “Natural Ice Cream”. The Plaintiff is seeking damage and compensation of nearly 150 crore for infringement of its registered trademark that has been in widespread popular use since 1984. The Defendant also alleges long-standing yet subsequent use of its impugned trademark since 1992 and opposes the claims of the Plaintiff. The Bombay High Court held that Plaintiffs have a prima facie case and...

  • IP News Updates – July 28, 2021

    CJEU affirms Pirelli’s tyre groove trade mark The Court of Justice of the European Union (CJEU) has settled the long pending dispute between Pirelli & Yokohama as regards the validity of Pirelli’s tyre groove trade mark registered in Class 12 in respect of tyre products & related accessories. CJEU has affirmed the validity of the said trade mark based on the fact that the trade mark is in respect of a single groove which, by itself, is not capable of producing any technical result. Re-establishment of IPAB recommended by Bipartisan Parliamentary Committee on Commerce The parliament...

  • COPYRIGHT AMENDMENT RULES, 2021; TRIBUNAL REFORMS ORDINANCE, 2021: AN OVERVIEW OF THE SHIFT IN THE IP REGIME

    On 5th April, 2021, the Tribunal Reforms (Rationalization and Conditions of Service) Ordinance 2021 abolished the Intellectual Property Appellate Board (IPAB) and effectuated the change in the provisions concerning the impugned body in the Trade Marks Act 1999, The Patents Act, 1970, The Copyright Act, 1957[1] and The Geographical Indications of Goods (Forms & Making an Appeal and Fees Therefore) Rules, 2013....

  • Hindustan Unilever Limited Vs. Opposing Party

    Aparna Venkat Associate Surana & Surana International Attorneys The Learned Judge of the Bombay High Court, G.S. Patel has urged that the Advocates reconsider the manner in which they frame their prayers in a trademark infringement or passing off suit. In the said suit bearing Commercial IP Suit (L) No. 3761 of 2021, the Judge has granted an injunction and appointed a Receiver. It has further been ordered by the Judge that until the Receiver executes his commission the Defendant’s name will not be disclosed and also the original order will not be uploaded. Thus, the anonymity of the oppo...

  • BigBasket vs. Daily Basket

    BigBasket has recently sent a ‘Cease and Desist Letter’ to Daily Basket asserting infringement of their brand name. BigBasket claims to be the biggest online food and supermarket in India while Daily Basket professes to be a little bootstrapped, Coimbatore-based, two-man start up. Daily Basket is an on-the-web/ disconnected staple startup presently just serving in Coimbatore. The Cease and Desist Letter BigBasket in its ‘Cease and Desist Letter’ stated that “the simple notice or reference of a name containing “basket” in word or logo structure for any ...

  • Are offences under Section 63 of the Copyright Act & Section 103 of the Trade Marks Act Bailable or Non-Bailable?

    In PiyushSubhashbhaiRanipa vs. The State of Maharashtra, which was decided on February 26, 2021, the Hon’ble High Court of Bombay has settled the law on whether offences under Section 63 of the Copyright Act, 1957, and Section 103 of the Trade Marks Act, 1999, are bailable or non-bailable. Section 63 of the Copyright Act relates to the offence of infringement of copyright or other rights conferred by the Act wherein if any person knowingly infringes or abets the infringement, such person shall be punishable with imprisonment for a term which may extend to three years. Section 103 of the Trad...

  • Can you be any cooler than Willis Carrier

    Wondering who Willis Carrier is and why you can’t be any cooler than him? Willis Carrier is an American inventor who designed the first modern air-conditioning system. As summer looms and temperatures have slowly but steadily begun to soar, Willis Carrier’s contribution to make our lives more tolerable cannot be ignored! It is interesting how the idea struck him – on a foggy morning, while waiting for his train, Carrier realised that he could control the humidity of an indoor space by passing air through water to create fog, thereby creating air with a specific amount of moisture. Using ...