12 January

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IP NEWS WEEKLY UPDATE – 12 JAN 2022

Posted by Surana

AWS Music marks opposed by Amazon Amazon Technologies Inc. is opposing the registration of the mark “AWS MUSIC” claiming that the consumers are likely to be confused, mistaken, or deceived into believing that the goods offered under the newly applied AWS MUSIC mark are in some way endorsed by Amazon. It is also claimed by the Opponent that the company is the owner of 50 domestic registrations and pending trademark applications for its AWS Marks, covering a wide-range of goods and services and because of the company’s prior adoption and continuous use of the marks since 2002 and its substantial investment in...

22 October

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Amul Dairy secures major win in a trademark infringement case in Federal Court of Canada

Posted by Surana

in IPR

Amul Dairy secures major win in a trademark infringement case in Federal Court of Canada

In this article, we will study about the history of Amul, the case won before the Federal Court of Canada and the provisions governing trademark infringement. We will now have a look on the basic and brief introduction about AMUL....

06 September

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IP NEWS WEEKLY UPDATE – 6 SEP 2021

Posted by Surana

in IPR News

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 Delhi High Court further ordered the Defendants to...

01 September

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Kerala vs Karnataka – Battle For An Abbreviation

Posted by Surana

in IPR

Kerala vs Karnataka – Battle For An Abbreviation 02

For a long time, these two states have been using the KSRTC logo for their respective national trucking companies. The dispute arose when Karnataka applied for trademark registration and issued a notice to Kerala in 2014 stating that they should not use the acronym....

10 August

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IP News Weekly Update – 26-31 July 2021

Posted by Surana

in IPR News

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 balance of convenience in their favour and against...

28 July

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IP News Updates – July 28, 2021

Posted by Surana

in IPR News, Uncategorized

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 parliamentary committee has recommended re-establishment of the IPAB...

27 July

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Hotel Maris, one of Chennai’s iconic hotels from the 70s, wins trade mark battle!

Posted by Surana

in IPR

Hotel Maris had filed a suit for passing off against “HOTEL MAARIS GRAND” which was located at T. Nagar, Chennai, in 2015, on the ground that “HOTEL MAARIS GRAND” is almost identical to “Hotel Maris” and therefore capable of deceiving the public....

09 July

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Quia Timet Action – Meaning and judicial developments regarding its scope

Posted by Surana

in SSIA

Owners of intellectual property (Trademarks, Copyright, Patent, Designs, etc.) must always be alert and ensure that their rights are not violated by any third party. Any form of intellectual property would be an asset and hold great commercial value to its owner in today’s competitive business environment. ...

23 June

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Sound Mark – Ring a bell?

Posted by Surana

in IPR

Protection of a sound as a trademark is an emerging trend and all necessary resources are in the making towards optimally achieving it. Although, the Trade Marks Rules, 2017 provides express provisions to obtain registration of a sound mark, the adequacy of such provisions leaves behind numerous question in the mind of a defender and enforcer. ...

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