The plaintiff holds registration of trademark under Class 29 and 43. He claims to be the user of the mark since 1st April 1972 for food items as well as for providing restaurants services, which are also enlisted on various websites which provide online catering services. As per the plaint “KHAN CHACHA” is inventive and … Continue reading KHAN CHACHA VS KHAN CHACHA BIRYANI
RESTRAINING ORDERS WITH REGARD TO UNAUTHORIZED USAGE OF VIJAY DEVERAKONDA’S BRAND “ROWDY”
A civil court in Bengaluru has issued an interim injunction preventing two manufacturers from using the brand/trade name "ROWDY," which was created by Telugu actor Vijay Deverakonda, to sell replica apparel until the case is resolved. The application filed by Rowdywear Pvt. Ltd. was partially approved by Additional City Civil Judge Padma Prasad, who also … Continue reading RESTRAINING ORDERS WITH REGARD TO UNAUTHORIZED USAGE OF VIJAY DEVERAKONDA’S BRAND “ROWDY”
Whether the mark ‘SUBWAY’ and ‘SUBERB’ are similar to each other?
The Hon’ble High Court of New Delhi[1] was of the opinion that the mark ‘SUBWAY’ and ‘SUBERB’ are not deceptively similar to each other as the word, ‘Sub’, common to both the marks is a publici juris and the remaining ‘ERB and WAY’ are neither phonetically similar nor similar as a word mark. The Case: … Continue reading Whether the mark ‘SUBWAY’ and ‘SUBERB’ are similar to each other?
CASE OF “SCHEZWAN CHUTNEY” AND WHETHER IT HAS ACQUIRED “SECOND MEANING” IN MARKET?
The case[1] wherein the plaintiff claims that it had introduced a dip and spread-based product, coined under the trade mark "SCHEZWAN CHUTNEY". The plaintiff further explains how he coined the mark "SCHEZWAN CHUTNEY". SCHEZWAN is a province of "SZECHUAN" in China known for its, strong flavours, the pungency and the spiciness brought on by the usage of … Continue reading CASE OF “SCHEZWAN CHUTNEY” AND WHETHER IT HAS ACQUIRED “SECOND MEANING” IN MARKET?
KNOW THE BASICS OF SPORTS LAW AND GOVERNING STRUCTURE IN INDIA
WHAT IS SPORTS LAW ? Sports law is an area of law which relates to the sporting activities and events in the country. It is emerging line of law which deals with the legal issues pertaining to acts and issues of sports players, teams, managers and associates. It includes the traditional area of laws like … Continue reading KNOW THE BASICS OF SPORTS LAW AND GOVERNING STRUCTURE IN INDIA
What happened when two similar trademark for similar goods were registered, one in India and the other in a foreign nation?
The Hon’ble High Court of Delhi order states that the defendant no.1 and/or the defendant no. 4 (who has registered mark in Saudi Arabia) are by way of an ad-interim injunction, restrained from affixing the mark ‘TAJ MAHAL’ or any other mark deceptively similar to the registered marks of the plaintiff(which is the mark registered … Continue reading What happened when two similar trademark for similar goods were registered, one in India and the other in a foreign nation?
USE OF PHOTOGRAPHS OF THE OTHER BRANDS TO SELL YOUR PRODUCTS ON YOUR WEBSITE AMOUNTS TO COPYRIGHT INFRINGEMENT
The photographs used for advertisement on the website, qualify as “artistic works” within the meaning of Section 2(c) of the Copyrights Act, 1957. In the recent case of LOUIS VUITTON MALLETIER v. WWW.HAUTE24.COM & ORS[1]. The plaintiff Louis Vuitton filed a suit against the defendant for using the copyrighted photographs of the plaintiff by defendants … Continue reading USE OF PHOTOGRAPHS OF THE OTHER BRANDS TO SELL YOUR PRODUCTS ON YOUR WEBSITE AMOUNTS TO COPYRIGHT INFRINGEMENT
What is the intent behind incorporating the summary judgment procedure in the Commercial Court Act, 2015?
The intent behind incorporating the summary judgement procedure in the Commercial Court Act, 2015 is to ensure disposal of commercial disputes in a time-bound manner. In case of Su-Kam Power Systems Ltd. v. Kunwer Sachdev and Another[1] the court held “Rule 3 of Order XIIIA, CPC, as applicable to commercial disputes, empowers the Court to … Continue reading What is the intent behind incorporating the summary judgment procedure in the Commercial Court Act, 2015?
PIKASHOW APP RESTRICTED FROM ILLEGALLY DISTRIBUTING HOTSTAR APP’S CONTENT
The Plaintiff: The Plaintiffs are a prominent entertainment and media company in India, and they are the owners of the copyright of a substantial amount of content, including movies, albums, TV shows, etc. The Plaintiffs control their own OTT platform, "Hotstar," as well as a mobile application called "Disney+ Hotstar," in addition to transmitting the … Continue reading PIKASHOW APP RESTRICTED FROM ILLEGALLY DISTRIBUTING HOTSTAR APP’S CONTENT
DO YOU KNOW NO ONE CAN USE STARBUCKS PRODUCT NAME “FRAPPUCCINO” WITHOUT THEIR CONSENT ?
Introduction[1]: Plaintiff has filed for the permanent injunction prohibiting the defendants from using the plaintiff's registered trade mark "FRAPPUCCINO," including the "BROWNIE Chips FRAPPUCCINO" mark or any other similar trade mark in connection with the plaintiff’s products and services. The Plaintiff: Plaintiff is a lifestyle brand company founded in 1985 under the name “STARBUCKS CORPORATION”. Its predecessor … Continue reading DO YOU KNOW NO ONE CAN USE STARBUCKS PRODUCT NAME “FRAPPUCCINO” WITHOUT THEIR CONSENT ?
DUCTUS EDGE 