The Rise of Fantasy Sports in India and Its Legal Quagmire

The journey of Fantasy Gaming in India has been quite an intriguing one. The industry has surged in popularity in India, transforming from a niche pastime to a mainstream phenomenon. The allure of fantasy gaming lies in its unique blend of strategic thinking and real-time sports excitement, allowing users to create and manage their own … Continue reading The Rise of Fantasy Sports in India and Its Legal Quagmire

Whether the Trademark can be dissected while checking its eligibility under section 9(1) during examination?

This question was answered by the Delhi High Court in the case of Ticona Polymers v. Registrar of Trade Marks, 2023 decided on 28th February 2023. Facts of the Case: The appellant applied to register “COOLPOLY” as a mark for plastic and carbon molding materials and molded heat sinks under class 1 and class 9. … Continue reading Whether the Trademark can be dissected while checking its eligibility under section 9(1) during examination?

CASE OF SHELL BRAND WHERE HC STRIKE DOWN THE UNJUST REFUSAL ORDER OF TRADEMARK EXAMINER

Introduction: In the present case[1] an appeal was filed at IPAB and pursuant to the Tribunal Reforms Act of 2021, the present appeal has been received on transfer by the High Court of Delhi. The Senior Examiner of Trademarks' decision dated March 15, 2018, regarding Application No. 2365543 for the mark under class 4, is … Continue reading CASE OF SHELL BRAND WHERE HC STRIKE DOWN THE UNJUST REFUSAL ORDER OF TRADEMARK EXAMINER

LEARN ABOUT TRADEMARK REGISTRATION IN CANADA

Introduction: A trademark can be a word, letter, symbol or combination of these and so on. A trademark is an essential for running the business as the customers recognize the business with the trademark name. We witness trademark examples almost daily for instance the mark on the bottle from which we drink water, the trademark … Continue reading LEARN ABOUT TRADEMARK REGISTRATION IN CANADA

BATTLE OF “NINETY ONE; 91” AND “NINETY NINE; 99” MARK ON CYCLE

An interim application under Order XXXIX Rules 1 and 2 of CPC seeking interlocutory injunction had been filed by the plaintiff wherein ad interim injunction was granted in the favour of the plaintiff.  The defendant further filed an interim application to vacate ad interim injunction granted on 11th October 2022. For the given below reasons … Continue reading BATTLE OF “NINETY ONE; 91” AND “NINETY NINE; 99” MARK ON CYCLE

Whether a defendant can rely on documents not filed along with the written statement in case of a commercial suit?

Facts: In the case ofTTK Prestige Ltd V. K K And Company Delhi Pvt Ltd & Ors’.[1]: the plaintiff is engaged in the business of kitchen home appliances like pressure cooker , gas stoves and so on under the brand name PRESTIGE since 1955. The registration of the mark with respect to class 11 (installation … Continue reading Whether a defendant can rely on documents not filed along with the written statement in case of a commercial suit?

SMALL/MEDIUM COMPANY SHOULD EXPLORE THE LEGAL RECOVERY THROUGH MSME ACT

What is an MSME? MSMEs serve as auxiliary units to large companies and make a substantial contribution to the country's inclusive industrial growth. The MSMEs are expanding their sphere of influence across economic sectors and generating a wide range of goods and services to satisfy domestic and international markets. CLASSIFICATIONSBASED ON PLANT & MACHINERYANNUAL TURNOVER Manufacturing … Continue reading SMALL/MEDIUM COMPANY SHOULD EXPLORE THE LEGAL RECOVERY THROUGH MSME ACT

KHAN CHACHA VS KHAN CHACHA BIRYANI

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

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?