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Interim application seeking to restrain defendant from using catch word On the conjoint reading of clause 1, definitions contained in clause 2 and clause 3A, it is clear that the rights assigned by the respondent 5 to respondent 6 included “all other right title and interest in and to the literary, dramatic and musical works embodied in the producer’s film”, […]

Well-known brands – internationally famous brands In the instant case, the learned Single Judge has rightly observed that respondent No. 1 is a small time operator and cost of the well-known product which was being sold by him was only Re. 1/-(Rupee One) as against the product of the plaintiff, which was being sold at Rs. 10-(Rupees Ten). Notwithstanding the […]

Registration of the trademark CANON in class 16 While dealing with the issue of confusion and deception the similarity of the marks are to be considered as a whole mark. Here, the marks are identical and the goods are similar or identical. When that be so, the class of customers are to be considered. Illiterate class of people are also […]

Infringement of trademark ‘Low-Absorb’ and ‘Lo-sorb’ for edible oils Our conclusion is that we have in fact totally failed to appreciate the argument as raised on behalf of the appellant. Surely, when rights are claimed over a word mark as a trademark and which word mark is in fact a mere tweak of a descriptive word indicative of the kind, […]

Application of plaintiff also pending for registration Now, we would come to the issues of registrablity of, and proprietorship in, the trademark in combination. The respondent No. 2 has held that the word SCOTCH is a dictionary word and as such anybody can adopt the same as trademark. When it is a dictionary word and not inherently distinctive, use of […]

Passing off by using the words LION Suffice it to observe that as the adoption of trademark and name by the Defendants is not honest and bona fide as has been found earlier, the argument of delay and latches pressed into service by the Defendants does not take the matter any further. Taking overall view of the matter therefore, I […]

Trademark Injunction – Disparaging of product in advertisement or telecast On balance, and by way of a conclusion, we feel that notwithstanding the impact that a telecast may have, since commercial speech of trademark is protected and an advertisement is commercial speech, an advertiser must be given enough room to play around in (the grey areas) in the advertisement brought […]

Rectification of trademark Rectification depends on the changes in the Trademark Registry. The Trademarks Registry is a registry which is carried by the Controller general of Trademarks and Copyrights. The trademark registry is having the relevant information about the registered trademarks like name and address of the proprietor and description of classes of goods and services and the owner of […]

Importance of Trademark Registration Everyone wants to do a business with unique name. The unique name provides you a better identification among your rivals. Once you declare a unique name as your brand name or trade name, you have the right to registered it. Though this registration processes, you can protect your name from third party usage. This registration provides […]

Suit for injunction to protect the registered trademark Section 29 of Trademarks Act, 1999 describes the suit for injunction. In my view, the defendant cannot be said to have committed the tort of passing off if the test set out above are applied to the facts obtaining in the instant case. The defendant’s trademark “BELLS WHIP TOPPING” when looked at […]