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trademarks Tag

SURANA & SURANA > Posts tagged "trademarks"

12 March

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META TAGS, KEYWORDS & TRADEMARKS- DRS LOGISTICS PVT. LTD & OTHERS VS GOOGLE INDIA PVT LTD & OTHERS- A SUMMARY

Posted by Surana

in IPR

Rakshana MK - Associate, IP Practice Let’s think of a scenario, you’ve planned to go on a trip with your friends but confused about the destination. What would you do? A “this gen” individual would immediately look up on the web which would suggest destinations which can be filtered based on various factors such as the budget, climate, anything and everything based on the individual’s preferences and choices. Once the destination is finalized, you would like to engage an agency for your basic needs of travel such as stay, transport, etc. Just as I referred earlier, the web and search engines...

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28 February

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Exploring the Future of the 3D Printing Industry through Patent Filings

Posted by Surana

in IPR

K. Saranya - Patent Associate, IP Practice Introduction: The 3D printing industry has witnessed remarkable growth and innovation since its inception. With advancements in technology and a widening array of applications, 3D printing, also known as additive manufacturing, has become a pivotal tool across various sectors, including aerospace, healthcare, automotive, and consumer goods. As we look ahead, patent filings serve as a lens through which we can glimpse into the future trajectory of this dynamic industry. Also, Patent filings can offer valuable information about the direction in which the 3D printing industry is heading. By analyzing trends in patent applications, we can...

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19 February

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GREEN INNOVATION AND INTELLECTUAL PROPERTY RIGHTS

Posted by Surana

in IPR

Nihaarika Prudhvi, Associate - Intellectual Property Rights Practice Over the past decade, green innovation literature has evolved and expanded in response to its widespread and essential applications alongside the advancement of environmental awareness and the provision of green services, in this article let us learn more about green innovation and IP rights. GREEN INNOVATION: Green innovation is the process of developing and implementing technologies that reduce the environmental impact of human activities. Green innovation can help address the challenges of climate change, pollution, resource depletion, biodiversity loss and social inequality. Green innovation can also create new opportunities for economic growth, job creation and...

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06 February

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Navigating the Runway: Intellectual Property Rights in the Fashion Industry

Posted by Surana

in IPR

P. Saranya, Senior Associate-IP Practice Introduction: In the rich tapestry of India's diverse cultural heritage, the fashion industry stands as a vibrant and dynamic expression of creativity. Intellectual Property play a crucial role in protecting the unique designs, traditional motifs, and innovative creations that define the Indian fashion landscape. The fashion industry is not only a dynamic and trend-driven sector but also a hotbed for intellectual property issues. Designers, brands, and retailers navigate a complex legal landscape to protect their creative works, trademarks, and innovations. In this article, I would like to shed light on the intricacies of IPR within the...

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28 November

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TRADE DRESS WARS- AN ANALYSIS ON THE IMPORTANCE OF PROTECTING TRADE DRESS IN THE LIGHT OF LANDMARK JUDGEMENTS

Posted by Surana

in IPR

Rakshana MK - Associate, IP Practice There are various factors that contribute to consumers associating to a particular product, service or the company providing such goods and according to reports, packaging of products has the ability to influence the purchasing public. “Things do not pass for what they are, but for what they seem. Most things are judged by their jackets.” – Baltasar Gracian[1] Isn’t it important that these jackets, id est. the packaging of such products, which plays such an important role in business, contributing to determination of choices of customers be accorded utmost protection and the infringement or the unauthorized usage...

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23 November

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Concept of Dynamic Injunctions and an overview of landmark Cases Shaping Dynamic Injunctions in India

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in IPR

P. Saranya, Senior Associate, IP Practice Introduction: The proliferation of digital technology has revolutionized the way we consume and distribute content. However, with this advancement, digital piracy has also become a pervasive issue, posing significant challenges to creators, copyright holders, and the entertainment industry at large. In India, combating digital piracy has been a priority, and one of the legal tools that has gained prominence in recent years is the concept of dynamic injunctions. This article delves into the legal framework surrounding dynamic injunctions in India, analysing landmark cases that have shaped this approach to combat digital piracy. I. Understanding Digital Piracy in...

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17 November

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Protecting Celebrity Persona and Commercial Interests: Analysis of Anil Kapoor v. Simply Life India & Ors.

Posted by Surana

in IPR

Sonam Nanda – Advocate, Surana & Surana International Attorneys INTRODUCTION On September 20, 2023, the Delhi High Court delivered a significant order in the case of Anil Kapoor v. Simply Life India & Ors, ruling in favor of the widely known Indian actor, Anil Kapoor. The court issued an ex parte order in response to Suit CS COMM 645 of 2023, where Kapoor sought protection for various facets of his personality that amounted to certain commercial value. These included his name, voice, dialogue delivery, image likeness, gestures, signatures, and other elements, primarily concerning their misuse across the internet. FACTS The Plaintiff, Anil Kapoor, asserted...

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14 November

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IPR NEWS – OCTOBER

Posted by Surana

ASIO Chief Rebukes China for Intellectual Property Theft at Five Eyes Summit At a historic Five Eyes summit, the head of Australia's ASIO (Australian Security Intelligence Organisation) publicly rebuked China for engaging in a sophisticated scheme of intellectual property theft. The ASIO chief expressed concern about China's extensive efforts to steal intellectual property, highlighting the significant threat it poses to the security and economic interests of Five Eyes member nations. The summit, which includes intelligence-sharing partners like the United States, the United Kingdom, Canada, and New Zealand, discussed the need for a united response to counter this threat. The ASIO chief's public...

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06 October

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Navigating the Legal Conundrum of Google AdWords and Trademarks in India

Posted by Surana

in SSIA

Navigating the Legal Conundrum of Google AdWords and Trademarks

Aiswarya YK, Associate, Dispute Resolution Practice Divishyaa T, Intern, Dispute Resolution Practice Introduction: In the digital age, online advertising has become a ubiquitous and essential tool for businesses to reach their target audience. Google AdWords, a prominent platform in the online advertising landscape, allows businesses to bid on keywords to display their ads prominently in search results. While AdWords offers significant benefits, it has also sparked legal debates, particularly in the context of trademark infringement. This article explores the legal complexities surrounding Google AdWords and trademarks in India. Understanding Google AdWords: Google AdWords is an advertising service offered by Google, allowing businesses to create and...

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26 September

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IMPORTANCE OF IP VALUATION: UNLOCKING THE TRUE VALUE OF INTELLECTUAL PROPERTY

Posted by Surana

in IPR

IMPORTANCE OF IP VALUATION

Nihaarika Prudhvi, Trainee – Intellectual Property Rights Practice INTRODUCTION: In today's knowledge-driven economy intellectual property (IP) has become an asset for businesses across various industries. IP assets such as patents, trademarks, copyrights, trade secrets and designs can represent a significant portion of a company's worth. However accurately assessing the value of these assets can be a complex task. This is where IP valuation comes into play. IP valuation enables businesses to understand and quantify the value of their intangible assets aiding in strategic decision-making transactions and legal matters. So, basically this article helps the readers to gain a little knowledge about IP...

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22 September

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NEW AGE DIGITAL GOVERNANCE: AN OVERVIEW OF THE DIGITAL PERSONAL DATA PROTECTION ACT, 2023

Posted by Surana

in IPR

Sonam Nanda - Advocate, Surana & Surana International Attorneys INTRODUCTION In an ever-evolving digital world, the Digital Personal Data Protection Act, 2023 (the “Act”), stands as a crucial framework that demands our attention. As technology continues to weave itself into the fabric of our daily lives, the Act addresses the pressing need for robust data security and responsible data handling. It signifies a pivotal shift towards greater accountability and transparency in the digital landscape of India. Through a comprehensive review of its key provisions, this article will examine the changes brought forth by the Act and critically analyse the implications it carries...

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28 August

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Application of the Doctrine of Territoriality in Protection of Trademarks – An analysis in view of the US Supreme Court’s Decision in Abitron Austria GmbH v. Hetronic International, Inc.

Posted by Surana

in IPR

Application of the Doctrine of Territoriality in Protection of TradeMarks

Balaji. P, Principal Associate, IP Practice The trademark territoriality principle has long been a fundamental aspect of international intellectual property laws, governing the scope and protection of trade marks across borders. Recently, the US Supreme Court's decision in Abitron Austria GmbH v. Hetronic International, Inc. has brought renewed attention to this principle and its significance in the global trade and commerce. This article aims to examine the position of the territoriality principle in India with a focus on relevant case laws and explore the implications of the US Supreme Court's ruling. Introduction: The trademark territoriality doctrine is a well-established and recognized principle of...

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24 August

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IPR NEWS – AUGUST

Posted by Surana

Siren Brew Faces Starbucks in Trademark Dispute In a recent legal clash, a coffee firm is engaged in a trademark dispute with Starbucks over the use of the "siren" logo. Atlanta-based Siren Brew faces allegations of trademark infringement from Starbucks, claiming that Siren Brew's logo too closely resembles Starbucks' iconic siren imagery. The lawsuit, filed on August 17, 2023, asserts that the similarities could cause confusion among consumers, potentially leading them to associate Siren Brew's products with Starbucks. Siren Brew, known for its specialty coffees, contests the claims and argues that their logo is distinct enough to avoid confusion. Legal experts...

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16 August

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REBRANDING- AN IP PERSPECTIVE

Posted by Surana

in IPR

Rakshana MK- Associate IP Practice “Rebranding”, seems like a term that’s been buzzing around us largely in recent times right! We are witnesses to Facebook’s transformation into Meta[1] and Twitter’s transformation into X[2], but ever wondered what impact such rebranding has on the Intellectual Properties that the companies own? This article attempts to understand the effects of rebranding from an IP viewpoint and draws out some lookouts for an efficient rebranding process. What does the term Rebranding mean? A verbatim interpretation of the term simply means to give a brand a new look and projection before its consumers with the intention to...

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27 July

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IPR NEWS – JULY

Posted by Surana

Overstock to rebrand as Bed Bath & Beyond after buying brand's intellectual property In a transformative acquisition, online retail giant Overstock has revealed plans to undergo a complete rebranding, adopting the name of the renowned home goods retailer Bed Bath & Beyond after purchasing the brand's intellectual property. This strategic move aims to bolster Overstock's market position and broaden its product offerings. By aligning itself with Bed Bath & Beyond's well-established reputation for quality home essentials and leveraging its name recognition, Overstock seeks to tap into a loyal customer base and enhance its competitive edge in the retail sector. Barbie Vs BRBY Mattel...

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06 July

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Parle loses its battle against Cadbury before the Delhi High Court and restrained from manufacturing and selling its FAB!O Biscuits

Posted by Surana

in IPR

P. Saranya Senior Associate, IP Practice In the modern era, Advertising plays a significant role for the reach and success of a product among the common public. People before coining/adopting a brand always use their intellect to develop the products which are distinctive and unique in nature and have not been in the market earlier. This Article will give you the complete details about the concept of trade dress and its infringements in India. Here is the case of “The Intercontinental Brands v Parle product pvt ltd” [2023 DHC 953] wherein the Hon’ble High Court of Delhi restrained the Defendant from using the...

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09 February

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AN ANALYSIS ON PROTECTION OF FILM TITLES UNDER TRADEMARK LAW

Posted by Surana

in IPR

AN ANALYSIS ON PROTECTION OF FILM TITLES UNDER TRADEMARK LAW

RAKSHANA. MK Associate, Surana & Surana International Attorneys INTRODUCTION: Unlike William Shakespeare’s famous quote "What's in a name? That which we call a rose by any other name would smell as sweet.” names and titles, especially in the entertainment industry have proven to be as important or unique, in line with that bestowed upon the script, the cast and crew or any other aspect of a work. With specific reference to the film industry, the title of a movie is what promotes and popularizes the work to reach the public and its audience, thus holding utmost importance comparative to any other part of...

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31 January

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EXPEDITED EXAMINATION AND PROCESSING OF TRADE MARK APPLICATIONS – A COMPARATIVE ANALYSIS

Posted by Surana

in IPR

Balaji P L.L.M., Principal Associate, Surana & Surana International Attorneys Introduction The examination of trade mark application is the pivotal stage in the process of ascertaining registrability of the applied mark by the trade mark offices around the world, which starts with the issuance of an office action/examination report with the list of objections raised by the trade mark offices or a letter of acceptance of the trade mark. Subsequently, the application may go through re-examination, advertisement, oppositions, hearings, etc., before reaching the stage of registration. The time period taken by the trade mark offices, for completing the first examination of application and...

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30 November

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IPR NEWS – WEEKLY UPDATES FROM 6th NOV – 11th NOV

Posted by Surana

CONDE NAST v. DRAKE Conde Nast, the owner of Vogue magazine, on November 7 has filed a lawsuit against Drake and 21 Savage for using the Vogue trademark without authorization to promote their new album "Her Loss." Conde Nast claimed that the rappers' promotional campaign was "entirely" based on the unauthorized use of Vogue trademarks and false claims that they would appear on the magazine's upcoming cover with the "love and support" of longtime editor-in-chief Anna Wintour, including to their more than 135 million social media followers. Conde Nast said that the defendants also produced a fake issue of Vogue that...

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18 November

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IPR NEWS – WEEKLY UPDATES FROM 30th OCT – 5th NOV

Posted by Surana

LOUIS VUITTON MALLETIER V. FUTURETIMES TECHNOLOGY INDIA PRIVATE LIMITED & ORS The Delhi High Court on November 3 has granted Louis Vuitton Malletier, a French luxury fashion brand, Rs. 20 lakhs in fees in its trademark infringement case against Club Factory, a Chinese e-commerce platform that was outlawed in India in 2021. Louis Vuitton's attorney informed the court on November 3 that the plaintiff only wishes to pursue costs in the case, despite the fact that the lawsuit was officially decided on March 24 when a permanent injunction was granted against the Chinese website and it was now scheduled for ex-parte...

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02 November

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IPR NEWS – WEEKLY UPDATES FROM 16th OCT – 22nd OCT

Posted by Surana

K. N. GOVINDACHARYA vs SECRETARY GENERAL & ORS On October 17, the Supreme Court issued notice in response to a petition asking for instructions to protect the Court's copyright over video recordings of court proceedings that are live-streamed on websites like YouTube. The application also aimed to stop live-stream material from being used for profit. In the application, it was requested that the live-streaming closely adhere to the ruling in Centre for Accountability and Systemic Change (CASC) v. Secretary General &Ors., (2018) 10 SCC 639. Justice Bela M. Trivedi and Chief Justice UU Lalit made up the panel that heard the...

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01 November

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IPR NEWS – WEEKLY UPDATES FROM 9th OCT – 15th OCT

Posted by Surana

ALLERGAN INC AND ANR. v. CONTROLLER GENERAL OF PATENTS DESIGNS AND TRADE MARKS AND ANR. The Controller General of Patents, Designs, and Trademarks has received criticism from the Delhi High Court on October 12 for failing to notify the International Bureau of the World Intellectual Property Organization of the filing of two entities' opposition to the registration of international trademarks within the time frame required by the Trademarks Act. The order passed by the Controller General was contested by the two petitioners, who had filed oppositions in response to publication of the international registration of the trademarks. The petitioners made the...

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28 October

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IPR NEWS – WEEKLY UPDATES FROM 2nd OCT – 8th OCT

Posted by Surana

QUALCOMM v. APPLE Despite the fact that the two tech titans' legal battle over three smartphone patents had been resolved, the U.S. Supreme Court on October 3, once more declined to consider Apple Inc.'s request to resurrect the case. In 2017, Qualcomm filed a lawsuit against Apple in federal court in San Diego, alleging that the company's iPhones, iPads, and Apple Watches violated many mobile technology patents. The lawsuit concerned a larger international conflict between the two digital behemoths. At the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, Apple contested the legality of the patents at...

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20 October

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IPR NEWS – WEEKLY UPDATES FROM 25th SEP – 1st OCT

Posted by Surana

MYLAN PHARMACEUTICALS INC V. MERCK SHARP & DOHME CORP An U.S. appeals court ruled that a patent held by Merck Sharp & Dohme Corp. for its diabetes medications Januvia and Janumet is valid, rejecting a challenge to the patent made by generic manufacturer Mylan Pharmaceuticals Inc. The Court did not agree with Viatris Inc.'s Mylan's argument that the invention was invalid because to an earlier patent and other publications. On September 29, the Federal Circuit concurred with the board that the patent was valid. It denied Mylan's claims that the earlier works Mylan identified would have rendered Merck's patent apparent. LIVE LAW...

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05 October

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IPR NEWS – WEEKLY UPDATES FROM 18TH SEP – 24TH SEP

Posted by Surana

INDIAMART INTERMESH LIMITED v. MR SAMEER SAMIM KHAN & Ors. The petitioner IndiaMart filed a suit for permanent injunction against the fraudulent website https://india-mart.co/ who was fraudulently offering jobs under the plaintiff’s name. The IndiaMart is a registered trademark and also the registered domain www.indiamart.com way back. The High Court observed that “Plaintiff has made out a prima facie case for ex parte ad interim injunction. Balance of convenience lies in favour of the Plaintiff. If the activities of Defendant are not nipped in the bud, irreparable injury would be caused not only to the Plaintiff, but also to public at...

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30 September

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IPR NEWS – WEEKLY UPDATES FROM 11TH SEP – 17TH SEP

Posted by Surana

DIPALI SIKAND AND ORS v. SAMSUNG INDIA ELECTRONIC PRIVATE LIMITED AND ANR. A temporary injunction prohibiting Samsung India and one Story Experiences from using the trademark "CONCIERGE," which is being used by the Concierge conglomerate made up of Lesconcierges Services Pvt. Ltd. and Club Concierge Services (India) Pvt. Ltd., was issued by a civil court in Bengaluru on September 13th. Dipali Sikand, the founder of the plaintiff company, asserts ownership of the "CONCIERGE" trademark from May 2016.According to the claim, the plaintiff company created the 'President Club' loyalty programme for Samsung as part of the 'CONCIERGE' service with the intention of...

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23 September

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IPR NEWS – WEEKLY UPDATES FROM 28TH AUG – 3RD SEP

Posted by Surana

SONY MUSIC INITIATES COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT LAWSUIT AGAINST TRILLER Sony sued the platform seeking damages as the application failed to pay the license fees agreed upon back in March 2022 after which it considered that their deal was terminated. Whereas, the platform still allowed sharing of music owned by Sony in the Application which Sony claims to have contributed to Copyright infringement. It is pertinent to mention here that the platform has already been in disputes especially in relation to payments and licenses, with a number of companies including the Universal group. GI REGISTRATION OF KASHMIR NAMDA AND GABBA...

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06 September

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IPR NEWS – WEEKLY UPDATES FROM 21ST AUG – 26TH AUG

Posted by Surana

ALLAHABAD LAW AGENCY V. AMAZON RETAIL INDIA PVT. LTD. & ORS The plaintiff is a book publishing company and had filed a lawsuit seeking permanent injunction against third party sellers in the e-commerce website of the defendant. The plaintiff alleged that pirated versions of the book, “the Law of Torts by Dr. R.K. Bangia”, was being sold in the e-commerce website by many sellers thereby committing copyright infringement. The plaintiff had claimed that the copyright of the book was bought by them from the author by an assignment deed executed in August, 1968 and after the death of the author, the...

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05 September

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IPR NEWS – WEEKLY UPDATES FROM 14TH AUG – 20TH AUG

Posted by Surana

FLIPKART INTERNET PRIVATE LTD. v. STATE OF NCT OF DELHI & ANR. The respondent company Sanash Impex Pvt. Ltd have procured the authorized rights to sell the cosmetic products of a Czech based company ‘DC DERMACOL’ in India . A FIR was filed against Flipkart by the complainant for trademark infringement of their mark ‘DC DERMACOL’ by unauthorized resellers who were selling fake products in Flipkart and Amazon. The complainant also alleged that this act was committed by them in collaboration and connivance with Flipkart, thereby accusing Flipkart of enabling the sale of fake DC DERMACOL cosmetics and charging the resellers...

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27 August

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IPR NEWS – WEEKLY UPDATES FROM 7TH AUG-13TH AUG

Posted by Surana

DFM FOODS LIMITED v. CHANDEL STORE & ORS. The plaintiff is the owner of the registered trademark of 'CRAX CURLS' and 'CURLS' which is a type of corn-based snack launched in December 2016. The plaintiff alleged that the defendant even though changed their trademark from ‘CURLS’ TO ‘KURVY’, the packaging of the same, both before and after name change is deceptively similar with that of the plaintiffs. The Court held that the plaintiff has prima facie case in their favor because customers can easily be confused and cheated since the goods are of low price. Therefore, restrained the defendant from using...

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24 August

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IPR NEWS – WEEKLY UPDATES FROM 1ST AUG-6TH AUG

Posted by Surana

Special drive for disposal of IP Disputes Marking the 75th anniversary of India's independence the Government of India has launched the 'Azadi Ka Amrit Mahotsav'. As a part of the same, the Office of the Controller General of Patents, Designs & Trade Marks has taken an initiative to run a special drive for disposal of IP disputes wherein parties are encouraged to dispose pending opposition and rectification cases and parties who have already settled their cases amicably are called upon to report to the same to the Registry of Trademarks. The public notice also states that parties are encouraged to settle...

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08 August

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IPR NEWS – WEEKLY UPDATES FROM 17TH JULY- 23RD JULY

Posted by Surana

Marico Limited vs Dabur India Limited The Petitioner initiated a suit for infringement and disparagement in relation to the advertisement published by Dabur in various newspapers containing a disclaimer that implies that the Device/ Label mark of ‘Nihar’ which is a part of their advertisement belongs to the petitioner. It is therefore evident that the respondent was aware that the petitioner owns the particular mark. The petitioner claims that the pictorial impact of the advertisements demeans and disparages the petitioner's product and the comparison between the products conveying to the audience that the product of the petitioner is ineffective has amounted...

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04 August

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IPR NEWS – WEEKLY UPDATES FROM 11TH JULY- 16TH JULY

Posted by Surana

Franco Indian Pharmaceuticals vs Vatican Lifesciences Private On July 12, 2022, the High Court of Bombay held that in the case of rival marks where they are phonetically, structurally, aurally, and visually similar; in such a way that a mere cursory look at the rival marks brings out the overwhelming similarity in such a way that'll lead to the likelihood of confusion and deception amongst members of the trade and public at large, a high degree of protection is required. The plaintiff is the registered proprietor of the marks “GLEAM’’, “GLEAM 1” and “GLEAM-2”. And defendants are the owner of the...

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20 July

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Weekly IP News Report – 1st Week of July (01-Jul-2022 to 10-Jul-2022)

Posted by Surana

PS5 comes up with a new patent that can show the players “what if” scenarios based on choices they didn’t make This patent discloses what is basically a “what if” function, which could provide the players of the PS5 the ability to not only examine replays of their gaming but also view different varieties of outcomes that might have happened if they had made a different choice throughout the game. The technique of the interface involves providing the opportunity to pick at least one of the What-If scenarios from among the available possibilities. This option paves the way to a modification...

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09 July

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IP NEWS UPDATES -MAY 2022

Posted by Surana

USPTO To Begin Issuing Electronic Trademark Registration Certificates On 2nd May, the USPTO announced via federal notice that, on June 7, 2022, the United States Patent and Trademark Office (USPTO) will start issuing electronic certificates of trademark registration. The electronic registration certificate will serve as the official registration certificate once it is issued. Trademark owners will have the choice to obtain paper "presentation" copies when the USPTO starts distributing electronic registration certificates, although doing so will carry a price. The ability to purchase certified copies of their trademark registrations will also be available. The Supreme Court's Effort to Resolve the Date on Section...

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30 June

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IP NEWS WEEKLY UPDATE – 30 JUNE 2022

Posted by Surana

India’s key achievements related to patent filings: The Union Minister of Commerce and Industry announced the key achievements that the country has been performing in relation to patent filings. The domestic patent filing has surpassed the international patent filing between the period of January to March 2022, which is the first time in 11 years. Further, there has been nearly five times increase in the grant of patents in 2021-22 as compared to the year 2014-15. Another key achievement by the patent office is that there has been a reduction in time of patent examination from 72 months as of Dec...

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30 June

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IPR Challenges in the Metaverse

Posted by Surana

in IPR

IPR Challenges in the Metaverse

Metaverse, to many is that enigma where the demarcation boundaries between the virtual and real get blurred. It is the coming together of virtual reality and augmented reality. Metaverse presents a world of boundless potential. You may take virtual trips, live an ‘imagined’ life through digital avatars or trade in digital assets. You can own a Raja Ravi Varman painting or a Thor’s hammer in metaverse. In short, metaverse is the virtual extension of our real world. Why is Metaverse Important? The importance of Metaverse extends not only to personal experiences but also commercial viability. Brands now can offer you a ‘lived...

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09 February

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IP NEWS WEEKLY UPDATE – 9 FEB 2022

Posted by Surana

Moonshine Technology Pvt Ltd v. Ticktok Games Pvt Ltd The Plaintiff initiated the suit against the defendant for the use of the mark ‘BAAZI’. The plaintiff claimed its marks containing the term BAAZI to be well- known and to have attained worldwide recognition. The Plaintiff alleged that the Defendant was a subsequent dishonest adopter of the mark BAAZI especially in relation to gaming services. The Plaintiff had also established that the Defendant was a direct competitor to the Plaintiff’s company as the Director of the Defendant company had been a customer of Plaintiff and claims that the usage by the Defendant...

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27 January

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Intellectual Property Rights in Mobile Apps

Posted by Surana

in IPR

N. Vignesh Kumaran B.E. Associate - Patents, Intellectual Property Practice Introduction A mobile app is a computer program designed to run on mobile devices such as smartphones and tablet computers. Mobile apps are a significant part of modern day-to-day businesses. It acts as the part of businesses to be a complete model for business. Mobile apps have taken over the rapidly evolving technology. Intellectual Property is involved in mobile applications and there are various instances where replication can cause serious damage to the company. The effective way is to strategize the Intellectual Property Right of companies. IPR in Mobile Apps can be protected Yes, different...

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25 January

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IP NEWS WEEKLY UPDATE – 25 JAN 2022

Posted by Surana

Huawei’s Trademark applications for ‘Petal Search’ rejected The company had applied for the Trademarks ‘PETAL SEARCH’ in relation to search engine services and providing localized search services based on user search habits. The search engine was launched back in 2020 and applications for the registration of the trademarks was filed in 2021. The applications were initially rejected on the basis that there were similar marks which were already registered, containing the term ‘PETAL’ in relation to identical services, following which the company had applied for re- examination which has again resulted in rejection stating that the similarities in the cited marks...

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03 January

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IP NEWS WEEKLY UPDATE – 30 DEC 2021

Posted by Surana

Kyobo Life fined for letting subsidiaries use IPs for free The insurance company holds various forms of IPs including numerous trademarks and copyrights. The company was accused of letting their subsidiaries use the Kyobo brand without paying fees from 2016 to 2019. The South Korea's financial watchdog has ordered Kyobo Life Insurance Co. to pay a fine of 350 million won for providing undue support to the subsidiaries. The action has been taken considering the economic value of the company as the unpaid fees are estimated to be billions of won. H&R Block claims trademark infringement by Square’s The tax preparation service company...

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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....

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