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.
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 […]
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 […]
Sripati Singh VS. State of Jharkhand and Anr. (2021 SCC Online SC 1002)
Facts of the case: In the case on hand, the Appellant advanced a sum of INR 2 Crores to the Respondent No. 2 as a loan who had assured that the same shall be repaid to him at a later date. In lieu of the sum advanced, the Respondent No. 2 issued six cheques aggregating […]
Latest cases on Copyright laws and proposals on IPR
Newslaundry’s YouTube channel was taken down after India Today reported a ‘copyright violation.’ News laundry, who is an independent news media organization, claims that YouTube has frozen its video channel after India Today Group reported it many times for copyright violations. News laundry states that YouTube has frozen its website’s channel after receiving multiple complaints […]
Latest updates on Indian Trademark Law
Breezer v. Freez Mix The Delhi High Court on 12th November 2021 granted interim relief to alcohol manufacturer Bacardi (plaintiff) in a trademark dispute relating to its alcoholic beverage Breezer, by restraining makers of a non- alcoholic beverage ‘FREEZ Mix’ from using the trademark ‘FREEZ’ or any other mark, label, sign, device or name identical […]
Well-known trademarks enjoy enhanced protection
The Italian Supreme Court, in a matter relating to trademark infringement of the popular brand ‘Gucci’ has put forth the opinion that, it makes no difference whether those who are accustomed to purchasing original products are not misled about the origin of the product bearing the infringer’s trademark, because such a product can be targeted […]
November Arbitration Newsletter
S.P. Singla Constructions Private Limited V. Construction And Design Services, Uttar Pradesh Jal Nigam [ARB.P. 450/2021] FACTS: The parties had entered into a contract for the purpose of undertaking design, engineering, procurement and construction of a dedicated 4 lane corridor for old and differently-abled persons during Kumbh and Magh Mela in Allahabad across Ganga River. […]
