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trademark registration in india

Trademark registration in india

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Trademark
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A trademark can be a word, phrase, letter, number, sound, smell, shape, logo, picture or a combination of these…
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Copyright

The term copyright refers to a bundle of exclusive rights granted to the author or creator of an original work…
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Patent

A patent is a legal monopoly granted by a state to the owner of an invention for a limited time…
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Design

An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian…
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Oct 31, 2011
(HIGH COURT OF DELHI) [Zippo Manufacturing Company v/s. Anil Moolchandani & Ors.] Section 29, 30 - Passing off - Infringement of copyright - Plaintiff company registered in U.S.A. - Trade mark ZIPPO owned by plaintiff for manufacturing and sale of lighter - Alleged that goods under trade mark - ZIPPO - have been available in India at duty free shops - Plaintiff company also holds a number of other registration of trade mark ZIPPO in its favour in respect of product other than lighter - Defendant No. 2 selling counterfeit ZIPPO lighter from various outlets in Delhi.

July 24, 2012
(HIGH COURT OF DELHI) [Simla Chemicals Pvt. Ltd v/s. Sun Soap Industries & Ors.] Section 28 and 29 -Suit for infringement of Trade Mark "Simco" used for hair fixture, hair gels, Lotions & Cosmetics etc. - Defendant using the same Trade mark - Plaintiff has right to protect his trade name from infringement as also to take action of passing of in respect of its trade name - Defendant's activities are manifestly malafide and deceptive - Decree of permanent injunction granted.

Jul 4, 2011
(HIGH COURT OF DELHI) [United Biotech Pvt. Ltd. v/s. Orchid Chemicals and Pharmaceuticals Ltd.] Plaintiff user of registered trademark FORZID for generic Schedule-H drug CeftaZIDime – Respondent using prior registered trademark ORZID – High Court of Madras observed ORZID AND FORZID had phonetically similarity. Held: Mere pre-fixing of letter “F” to the mark of respondent fails to distinguish FORZID sufficiently from ORZID.

Sep 08, 2011
(HIGH COURT OF DELHI) [Lalit Kumar Arya v/s. Apsana Global Sugandhy] Trade Mark 'RATNA CHHAP ZAFRANI PATTI No. 300' registered in respect of chewing tobacco in favour of plaintiff - Defendant using the mark 'RAFIYA CHHAP ZAFRANI PATTI No. 306' - Deceptive similarity in the packaging, style, fonts, type phase and colour scheme - Likelihood of confusion - Interim injunction granted against the defendant from using the packaging/labels in question.

Aug 24, 2011
(HIGH COURT OF CALCUTTA) [Tea Board India v/s. I.T.C. Limited] Defendant using the mark 'Darjeeling Lounge' for one of its lounges in its hotel - Defendant registered owner of the mark in class 30 of the Act of 1958 in respect of tea - Right of Registration in respect of goods 'tea' does not confer any right over the word 'Darjeeling' to prevent defendant from rendering hospitality services under said name - Held that interim injunction rightly refused to the plaintiff.

Jul 4, 2011
(HIGH COURT OF DELHI) [Arun Jaitley v/s. Network Solutions Private Limited & Others] Domain name WWW.ARUNJAITELY.COM – Plaintiff a prominent leader of a political party desired to book the impugned domain name – Defendant companies are registrar of domain names – Impugned domain name not removed by previous owner and was pending deletion – Defendants permanently restrained from using, promoting, restraining, advertising or parting with the impugned domain name and liable to pay punitive damages.

Apr 5, 2011
(HIGH COURT OF BOMBAY) [Kamat Hotels (India) Limited v/s. Royal Orchid Hotels Limited and Another] Use of Trademark “ORCHID” for Hotel business – Plaintiff claimant to have been using the mark since 1997 – Suit proceedings commenced in 2008 – Defendant had already commenced business in 2008 and was running with eleven hotels with the name “ORCHID” – Interim injunction granted only in respect of opening any new hotel or new line of business.

 

 

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