Protection for individual words used in a registered trademark
Through this piece, we intend to become a resource for you by providing frequent updates on the Intellectual Property Right Law and hope that you find this information helpful.
In a recent decision given by the Delhi High Court it was ruled that ‘if the keywords used by someone to promote their business are already trademarked by a competitor, then it will lead to the violation of the competitor’s rights.’ It can be observed through the aforementioned rule that the judiciary strives towards maintaining a balance between providing protection to the Intellectual property right holders and the promotion/development of art, culture and technology in the country.
The following judgments throw light upon the domestic and international jurisprudence with respect to ‘infringement’ in the field of trademark, copyright, patent and design. It emphasizes the methods in which the courts have scrutinized the facts and aimed to protect the palpable human creations and ideas.
RIGHTS OF AN ARTIST IN A COPYRIGHT WORK
Copyright registration helps copyright owner claim immediate relief. Since, copyright registration is not compulsory under law thus protection is given for even an unregistered copyright work. However, the burden of proof then lies on the owner to prove that the work is his original work.
Gujarat Housing Board & Anr. VS. Vandemataram Projects Private Limited
Citation – Civil Appeal No. 2093/2022 Judgment date – 21.03.2022 Facts of the case: In the month of January 2018, the Gujarat Housing Board (“Appellant“) issued the Mukhya Mantri Gruh Yojna tender for the planning, design, and construction of flat type, high-rise buildings/commercial units for various income groups in Ahmedabad, Vadodara Division. Vandemataram Projects Private […]
Trade Marking The Golden Foil Wrapper Of Lindt’s Chocolate Bunny
One of the products of the Lindt and Sprüngli group (Plaintiff) is the “Lindt-Goldhase” (Lindt Gold Bunny). It is a sitting chocolate bunny wrapped in a golden foil packaging. They have been using the same shade of gold foil since 1994. In 2018, the Plaintiff became aware of a competitor, Heilemann (Defendant), who also manufactures […]
EMERGENCY ARBITRATION AND INTERIM RELIEF
This article analyses the concept of emergency arbitration in India, its recognition and the difficulty in enforcing emergency arbitral awards in India. Section 9 applications for interim relief will grant relief relatively faster. Thus, parties should consider filing a section 9 application for urgent relief instead of enforcing an emergency arbitral award.
REMOTE NOTARIZATION OF DOCUMENTS
Notarization is an official process for verifying the authenticity of a document. In India notarization is performed under the Notaries Act of 1952. Under Indian Law, a document needs to be notarized to be valid. Thus, a person has to be physically present in presence of a notary authorized by the central or state government. […]
INCREASE OF DOMAIN NAME DISPUTES DURING THE PANDEMIC
Domain names play a vital role in business because it is being used by the public to identify businesses on the internet as it has become increasingly important to establish an online presence for credibility and ease of access to customers. Especially in light of COVID-19 when businesses are embracing the digital space, many individuals […]
UHL Power Company Ltd. Vs. State of Himachal Pradesh
Facts of the case: A sole arbitrator had awarded a sum of Rupees 26,08,89,107.35/- in favour of UHL Power Company Ltd. (“UHL”) towards expenses claimed along with pre-claim interest capitalized annually, on the expenses so incurred in the year 2005. Compound interest was awarded in favour of UHL as well at the rate of 9% […]
Determination of territorial jurisdiction of Court in matters relating to trademark infringement
Delhi High Court | Copenhagen Hospitality and Retail v. A.R. Impex In recent matter of Copenhagen Hospitality and Retail v. A.R. Impex it is held that a prima facie view on territorial jurisdiction must be based on the averments made in the plaint and the documents relied on by the plaintiff, and if same brings […]
Union Budget 2022 – 2023
Budget 2022-23 presented by Hon’ble Finance Minister, Smt. Nirmala Sitaraman brought in micro level integral changes to promote macro level economic growth and welfare. To quote Hon’ble FM, “We are involving minimum government for maximum governance” and thus, highlights the strong commitment of country towards their trust-based governance for ease of doing business 2.0 in […]
