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

CASE OF BRITANIA V PARLE

CASE NOTE Britannia Industries Ltd.                                                                               ..... Plaintiff versus Parle Biscuits Pvt. Ltd & Anr.                                                                        ..... Defendants FACTS: The case of the Plaintiff is that the impugned advertisement of the defendants had disparaged the Plaintiff’s cookies to promote its own Parle 20-20 cookies and in the said advertisement, the design of the cookies of … Continue reading CASE OF BRITANIA V PARLE

CASE OF “TAK” MARK INFRINGEMENT OF THE MEDIA CHANNEL “AAJ TAK”

CASE: LIVING MEDIA INDIA LTD. & ANR VS. AAB TAK CHANNEL.COM (JOHN DOES) & ORS Brief facts: All the defendant has used the suffix “Tak” on which Plaintiffs have the legal right under Trademark bearing trade mark number 1242922 in class 38 and trade mark number 1242921 in class 41. Moreover, the mark    is also … Continue reading CASE OF “TAK” MARK INFRINGEMENT OF THE MEDIA CHANNEL “AAJ TAK”

CASE OF DISNEY CARICATURES INFRINGEMENT

Disney Enterprises Inc. & Anr  V Balraj Muttneja & Ors. Brief Facts There are 2 plaintiffs in this case, the plaintiff 1 is M/s Disney Enterprises Inc. which is a corporation organized and existing in the United States of America and is the creator of a number of world-famous characters such as Mickey Mouse, Minnie … Continue reading CASE OF DISNEY CARICATURES INFRINGEMENT

EVERYTHING ABOUT PROTECTING YOUR CREATIVITY UNDER INDIAN COPYRIGHT LAW

Copyright in Music, Artistic and Literary works in India Copyright is a form of intellectual property having protection under Indian law to the creators of original works of authorship such as literary works, dramatic, musical and artistic works, cinematographic films and sound recordings. Copyright protection is conferred on all Original literary, artistic, musical or dramatic, … Continue reading EVERYTHING ABOUT PROTECTING YOUR CREATIVITY UNDER INDIAN COPYRIGHT LAW

CASE OF RECYCLED BEER BOTTLES AND INFRINGEMENT

ANHEUSER-BUSCH LLC V. MR. SURJEET LAL & ANR Brief Facts In this case, plaintiff is in the business of manufacturing and selling of beer called ‘BUDWEISER’ and has filed a suit against the defendant. The Defendant, M/s. SOM Distilleries and Breweries Ltd are also a manufacturer and seller of beer under the marks ‘Black Fort’ … Continue reading CASE OF RECYCLED BEER BOTTLES AND INFRINGEMENT

CASE OF “KHADI” INFRINGEMENT

KHADI AND VILLAGE INDUSTRIES COMMISSION V. RAMAN GUPTA AND OTHERS Facts In this case, the plaintiff is a body established by the statute, known as- Khadi and Village Industries Commission enacted under Khadi and Village Industries Act, plaintiff, pleaded that the defendants are using the trade style, corporate name and the mark,   ‘Khadi by Heritage’ … Continue reading CASE OF “KHADI” INFRINGEMENT

Selling Products on E-commerce with false branding ?

AKTIEBOLAGET VOLVO & ORS. V. LAMINA SUSPENSION PRODUCTS LIMITED Facts In this case, plaintiff is a manufacturing company of heavy vehicles and related goods and services, who filed an application under Order 39, Rule 1 & 2 with Section 151 of Code of Civil Procedure, for grant of ex-parte ad interim injunction against the defendant, … Continue reading Selling Products on E-commerce with false branding ?