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trademark can be a word, phrase, letter, number, sound, smell, shape, logo, picture or a combination of these…
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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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IPR News
Sep 16, 2011
(HIGH COURT OF DELHI) [Radico Khaitan Limited v/s. Carslberg India Private Limited] Plaintif using mark 8PM for whiskey since 1999 – Plaintiff is a registered proprietor of Trade Mark 8PM/8PM family of marks – In January 2011 Defendant launched PALONE 8 in India stronger variant of OKOCIM PALONE under PALONE 8 - Defendant applied for registration of the label PALONE 8, PALONE 8 DUMDAR MEL and 8 KA DUM - Defendant claimed that plaintiff has no registration for Beer and only engaged in business of manufacturing and marketing of Whisky & Rum.


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.


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.

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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