INFRINGEMENT OF INDIA’S TRUSTED BRAND “TATA”

INTRODUCTION: The plaintiff, Tata Sons Private Limited, has brought this lawsuit against the defendants Anjani Bagaria and Mazing Retail Private Limited in the High Court of Delhi, in an effort to seek permanent injunction restraining trademark infringement, passing off, dilution, and tarnishment of trademarks. The plaintiff, Tata Sons Private Limited, is the major investment holding company … Continue reading INFRINGEMENT OF INDIA’S TRUSTED BRAND “TATA”

TRADEMARK INFRINGEMENT OF INTEL AND DIRECTION TO REGISTRAR OF COMPANIES TO CHANGE THE NAME OF INFRINGER COMPANY

Introduction: The current lawsuit was brought by Intel Corporation, USA in 2006 against three companies: Intel Gas Gadgets (P) Ltd., Intel Gas Guards (P) Ltd., Intel Safety Devices, and their respective director, Mr. S.P. Gupta. The lawsuit sought a long-term injunction prohibiting trademark use, delivery up, passing off, damages, and infringement. Plaintiff: The plaintiff, Intel Corporation, USA, … Continue reading TRADEMARK INFRINGEMENT OF INTEL AND DIRECTION TO REGISTRAR OF COMPANIES TO CHANGE THE NAME OF INFRINGER COMPANY

AN ATTEMPT TO STEAL THE IDENTITY OF LIQUOR BRAND “OFFICER’S CHOICE”

Introduction The present suit is filed in the High Court of Delhi, wherein the plaintiff seeks permanent injunction; restraining infringement of trademark, copyright, passing off and so on among other reliefs. Plaintiff: The plaintiff is said to be in the business of, among other things, producing and marketing alcoholic beverages, including Indian Made Foreign Liquor … Continue reading AN ATTEMPT TO STEAL THE IDENTITY OF LIQUOR BRAND “OFFICER’S CHOICE”

CLASH OF TEA BRANDS: CHAAYOS AGAINST CHAIOPS

Introduction to the case[1] The case revolves around the trademark infringement of one of the famous and leading chain of chai cafes in India. The plaintiff has brought this lawsuit in an effort to seek permanent injunction against the defendant for infringing upon the registered trademark of the plaintiff. The final orders were rendered by Justice Prathiba M. … Continue reading CLASH OF TEA BRANDS: CHAAYOS AGAINST CHAIOPS

AN ATTEMPT TO STEAL THE IDENTITY OF INDIA’S PROMINENT LEGAL NEWS AND RESEARCH PORTAL “LIVE LAW”

Introduction: Live Law is an online news portal, the subject area of which is to provide legal news. Over the time Live Law has built a reputation in terms of providing latest judgements, case analysis, etc. of various courts such as Supreme Court, High Courts, various others courts and tribunals. Apart from that, the portal … Continue reading AN ATTEMPT TO STEAL THE IDENTITY OF INDIA’S PROMINENT LEGAL NEWS AND RESEARCH PORTAL “LIVE LAW”

CASE OF CARLSBERG AND TUBORG

Background: The trademark "CARLSBERG" was initially registered in India on July 9, 1949, under application number 139539 in Class 32, and the plaintiff is the registered owner of such mark. Additionally, it is claimed that the plaintiff conducted the first sale in India using the aforementioned brand in 1904. Further registrations of the plaintiff's mark … Continue reading CASE OF CARLSBERG AND TUBORG

AN ATTEMPT TO STEAL THE IDENTITY OF ROYAL STAG

Brief Facts: Pernod Ricard S.A., the plaintiffs' parent firm, purchased a portion of the Seagram Group in December 2001. The Seagram Company Ltd. awarded "Pernod Ricard S.A." its many brand names, service marks, trademarks, and logos as well as the goodwill of the company. The trademark "SEAGRAM'S" is still used for alcoholic beverages sold under … Continue reading AN ATTEMPT TO STEAL THE IDENTITY OF ROYAL STAG

SELLING FIRST COPY OF SHIRT BRAND: TRADEMARK INFRINGEMENT

India is currently drawn towards the wave of entrepreneurship along with the rest of the world. The number of trademark registration in India is on rise and has hit its zenith. This increase is also leading to a lot of Trademark infringement, especially in the form of look-alike trademark. It is important for the entrepreneurs … Continue reading SELLING FIRST COPY OF SHIRT BRAND: TRADEMARK INFRINGEMENT

CASE OF TRADE MARK PASSING OFF ON FLIPKART

The emergence of e-commerce has posed a number of difficulties for IPR rights protection. In the context of e-commerce, a passing off action that was formerly limited to goods with identical logos, markings, names, and labels has taken on a new meaning. E-commerce platforms give small and medium-sized business owners an alternative platform to market … Continue reading CASE OF TRADE MARK PASSING OFF ON FLIPKART

THE CASE OF FIRST COPY SHOES AT E-MARKETPLACE

Facts: The following case pertains to the infringement of trademark. The plaintiff claims that it is a business registered under the laws of the State of Massachusetts in the United States of America that has been designing, manufacturing, marketing, and selling footwear there since 1906 under the names "NEW BALANCE," "NB Device Mark," and "N … Continue reading THE CASE OF FIRST COPY SHOES AT E-MARKETPLACE