Delhi High Court held that the Competition Commission of India’s jurisdiction was not ousted by a complaint related to the licensing of patents
Date of decision – 28th July 2022 FACTS OF THE CASE – An informant filed a complaint against Vifor International Ltd. (Vifor) before the Competition Commission of India (CCI) alleging that Vifor had been indulged in anti-competitive practices for sale and distribution of a patented drug that deals in iron deficiency. The anti-competitive practices included […]
Distinctive elements in an advertisement campaign can get protection under IP Laws
Through this Newsletter we are providing you insights on the concept of “trademark infringement” and its recent interpretation by the Indian courts.
Trademark application for the slogan “Party Like Gatsby” gets rejected in Singapore
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 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.
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.
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 […]
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 […]
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 […]
Amul Succeeds in waving its flag of Victory in Canada
Marking a first for India’s dairy giant Amul, the Canadian Federal Court on June 22, ruled in its favour that a brand named ‘Amul Canada’ had infringed on Amul’s copyright by advertising their product, using their brand image and name, as well as corporate information via popular jobs site LinkedIn. The court ordered ‘Amul Canada’ […]
