Learned Single Judge did not agree, Courts in Delhi could have jurisdiction. It does not take much in the virtual world to masquerade as somebody else. According to us, principles surrounding territorial jurisdiction, in cases of online trade via internet websites, are fairly well established. Even if a website is not directed at customers in […]
Read more "Domain Name III"Plaintiff has ‘WHITE LACE’ gin, ‘WHITE LACE’ vodka et cetera. It is submitted, on account of long, continuous and extensive use of the trade mark ‘WHITE LACE’ in relation to alcoholic beverages, Plaintiff has attained immense goodwill and reputation. It is submitted, Defendant has been selling identical products under the impugned mark: ‘WILD LAKE’. […]
Read more "White Lace v. Wild Lake"Estonia-based-Plaintiff submits, Defendants are using an identical mark ‘BOLT’ with an identical color scheme. Plaintiff: SC has held, when an urgent interim relief is being sought, suit can be filed without resorting to pre-litigation mediation. Defendants: SC has held, with effect from 20.08.2022, pre-litigation mediation under Section 12A of The Commercial Courts Act, 2015 is […]
Read more "Bolt, Pre-Litigation Mediation"There is a serious dispute on validity of registration of design granted to Plaintiff on 22.04.2016. Defendant, at least prima facie, has been able to rebut presumption of validity of registration. The term ‘proprietor of a new or original design’ is defined in Section 2(j) of The Designs Act, 2000. Plaintiff, being an importer of […]
Read more "Design No. 282812 : LED Surface Light"Plaintiffs claim, lock, stock and barrel copying by Defendant. Defendant labels both Plaintiffs and itself as pirates, sailing in high seas of prior art(s). Hipster Bottles were launched by Plaintiff No. 1 in India in May, 2019. Plaintiff No. 1 is Proprietor of Registered Design No. 306577 in terms of Section 2(1)(j) of The Designs […]
Read more "No Bottle, Just Bottle I"Marico’s grievance pertains to Dabur. It is alleged, impugned advertisements convey a clear message: Marico’s product is ineffective and useless. On behalf of Dabur it is contended, impugned advertisements are protected under Article 19(1)(a) and are legitimate, honest, truthful, well substantiated and statistically proven. A balance has to be struck. An advertiser cannot, while […]
Read more "Comparative Advertising I"T.V. Today Network Limited, incorporated under The Companies Act, 1956, operating ‘AajTak’, ‘AajTak HD’, ‘India Today Television’ and ‘Good News TV’, submitted, Defendants Nos. 1 to 9 tarnished its reputation. The suit is not just for relief against ‘defamation’, which would certainly not constitute a ‘commercial suit’, but is one in which violation of ‘copyright’ […]
Read more "Defamation in Commercial Suit"Plaintiff’s Creative Team came across ‘Ayyappanum Koshiyum’, which was released on 07.02.2020 and was a huge success. Plaintiff sought assignment of Hindi Remake Rights. Recitals of Deed of Assignment, dated 13.05.2020, prima facie show, Remake and Dubbing Rights inter alia included making a New Cinematograph Film with Right to Dub the Malayalam Film as well […]
Read more "The Case of Ayyappan and Koshi"Due to objections raised by Patent Office, Nippon A&L Inc. chose to amend claims to ‘process’ alone. It is common understanding, ‘product‘ claims are much broader than ‘process‘ claims. In present case, amendment of claims from ‘product by process’ to ‘process’ alone is clearly a step down. Section 59(1) of The Patents Act, 1970 as […]
Read more "Section 59 of The Patents Act, 1970"My Lord, ‘Mersal’ Infringed ‘Moondru Mugam’ Copyright? R.G. Anand v. M/s. Delux Films, (1978) 4 SCC 118 held, in order to determine whether there is substantial copying, spectator or viewer, after reading or viewing both works in question, should leave with the unmistakable impression: subsequent work is a copy of original. One of the challenges […]
Read more "The Case of Three Faces"‘KANGARO’ is being used by Plaintiffs and Defendants in respect of manufacture of various stationery products, staplers, hole punchers and other related goods. Disputes arose sometime in 1992. Since then, parties have been at loggerheads. Both parties have filed several trademark applications, as well as opposition proceedings, in various countries. We feel, it is just […]
Read more "Kangaro"Since 2019, Courts where IPR cases are being listed in Delhi: District Judges/ADJs (Non-Commercial) for suits valued below Rs. 3 Lakhs; District Judges/ADJs (Commercial) for suits valued between Rs. 3 Lakhs till Rs. 2 Crores; Commercial Division of High Court (Original Jurisdiction) for suits above Rs. 2 Crores. Can District Judges (Commercial) entertain IPR suits […]
Read more "[Intellectual] Forum Shopping III"For the offence under Section 63 of The Copyright Act, 1957 the punishment provided is imprisonment for a term which shall not be less than 6 months but which may extend to 3 years and with fine. Therefore, the maximum punishment which can be imposed would be 3 years. In view of consideration of Part III, First Schedule, CrPC – if […]
Read more "Section 63 of The Copyright Act, 1957"One may refer with advantage to Power Control Appliances v. Sumeet Machines Pvt. Ltd., (1994) 2 SCC 448. SC held: High Court failed to take note, plea of ‘honest and concurrent user’ as stated in Section 12(3) of The Trade and Merchandise Marks Act, 1958 is not a valid defence for infringement of copyright. […]
Read more "An Honest Concurrent Use II"Ld. Counsel appearing for Plaintiffs [Hero Electric Vehicles Private Limited and M/s. V.R. Holdings] submits, domain name of Defendants [Guddu Ansari and M/s. Hero Electro] – http://www.heroelectro.in – is almost identical to domain name of Plaintiffs – http://www.heroelectric.in. A comparative table is set out herein below: Defendant Nos. 1 & 2 have set up http://www.heroelectro.in […]
Read more "Domain Name II"The British School Society [TBSS] runs The British School, New Delhi [TBS]. ‘The British School’-mark has been adopted by Sanjay Gandhi Educational Society [SGES] in relation to identical services, i.e., educational services, for 4 schools. The domain name of TBS is http://www.british-school.org, registered in 1999. TBS also has social media presence on Facebook, Instagram, et […]
Read more "The British School, New Delhi"According to Snapdeal, by offering for registration, domain names which include ‘Snapdeal’, Domain Name Registrars (DNRs) are facilitating infringement of Snapdeal’s registered mark and are also themselves infringers within meaning of Sections 28 and 29 of The Trade Marks Act, 1999. If domain names are deceptively similar to ‘Snapdeal’, GoDaddy is indulging in infringement of […]
Read more "Domain Name I"It is quite extraordinary, how word mark ‘Ganesh’ was registered without any restriction or limitation. When a mark is registered, Registering Authority may do so without any condition or limitation. Absence of a disclaimer does not always vest an exclusive right over a word mark. In our case, registration of word mark ‘Ganesh’ was without […]
Read more "Name of God"My Lord, Revocation Petition under Section 64 of The Patents Act, 1970 is subject to The Limitation Act, 1963? No. Section 2(1)(t) of The Patents Act, 1970 defines a ‘person interested’. Aloys Wobben v. Yogesh Mehra, (2014) 15 SCC 360 observed, a person may not be a ‘person interested’ when grant of concerned patent was […]
Read more "Section 64 of The Patents Act, 1970 I"Plaintiff and Defendant manufacture and deal in, inter alia, high-end luxury jewellery. Where a website permits purchase of goods or services, for consideration, every Court having jurisdiction over places from which, by access to website, commercial transactions could be effected and concluded would, prima facie, have jurisdiction to deal with a case of trademark infringement. […]
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