New trademark rules with simplified processes, fewer forms and online filing will come into effect next week, substantially improving the ease of doing business on this front. It increases online filing and cut down the number of adjournments in opposition proceedings. General Information- The amended rules, which the Department of Industrial Policy and Promotion is [...]
The first thing that comes to our mind for a four finger chocolate is kit-kat by Nestle. On 16-12-2016, a 10 year fight over the four finger shape of kit-kat bar ended badly for Nestle, as an EU court ruled that the trademark, which was awarded in 2006 was given in error. Its long [...]
Wise old saying -“There is always a second chance” was followed by www.secondshaadi.com. This domain name was launched by Vivek Pahwa and others (herein referred as ‘Defendants’) on January 25, 2006. It was cater to those seeking to marry again; hence the name, making the market position of the website completely different. On the [...]
In a recent judgment [Mother Dairy Fruit and Vegetable versus S.K. Raheem], Justice of the Delhi High Court granted a permanent injunction in favor of Mother Dairy, restraining the use of its trademark by the defendant in its milk products sold under the name Vinay Milk. One of the key factors for Court’s conclusion [...]
Engaged in a Waterloo of sorts, the Tata Groups Mount Everest Mineral Water (MEMW) and Bisleri are wrangling over the usage of the trademark’ Himalaya’. As the facts of the case go, MEMW the registered holder of the trademark ‘ Himalaya’ has obtained an interim injunction from the Delhi High Court restraining Bisleri from using [...]
Tequila marketer Patron Spirits International has sued The Reindeer Group Ltd. its former digital agency, alleging the shop is violating trademark law by continuing to promote Patron as a client on its website, even though the relationship was terminated in early 2014. Patron also alleges that the agency, called Reindeer, overbilled the marketer by [...]
