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Gautam Gambhir v. D.A.P. and Co. and Ors.

Gautam Gambhir v. D.A.P. and Co.and Ors. CS(COMM) 395/2017 before the Hon’ble High Court of Delhi Date of decision: 13th December, 2017  Brief Facts: Plaintiff, Mr. Gautam Gambhir, a prominent International Cricket Player of India had received numerous accolades over the years. Defendant was running a restaurant with the tag line ‘by Gautam Gambhir’, without…

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Commercial Exploitation of Intellectual Property Rights

Intellectual Property Rights have been given protection by nations due to the commercial value they have not only for their owner but also for the nation. An economy strengthens on the basis of two important components pertaining to Intellectual Property Rights, they are the Intellectual Property (hereinafter ‘IP’) vesting in the nationals of a country…

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DEVELOPMENT OF LAW ON REGISTRABILITY AND PROTECTABILITY OF UNCONVENTIONAL TRADE MARKS SUCH AS SHAPE, SOUND, SMELL, COLOUR AND TASTE IN INDIA, UNITED STATES OF AMERICA AND EUROPEAN UNION

Unconventional Trade Marks is always an interesting topic in Trade Marks Jurisprudence. The ambit of Unconventional trade marks is ever expanding even to consider something as vague as taste. With capitalism ever increasing, it has become increasingly important for the business entities to protect whatever they think if used by another will decrease their sales…

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Bayer Corporation and Ors. v. Union of India and Ors.

Bayer Corporation and Ors. v. Union of India and Ors. and Bayer Intellectual Property Gmbh & Anr. v. Alembic Pharmaceuticals Ltd. 2019 (78) PTC 521 (Del); Division Bench Brief Facts 1: NATCO Dispute Bayer Corporation (hereinafter ‘Bayer’) filed a suit for infringement of Patent against Natco. During the pendency of the suit, Natco obtained a…

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Bayer Corporation v. Union of India & Ors.

 Bayer Corporation v. Union of India & Ors. 2014 (60) PTC 277 (Bom) BRIEF FACTS: The Petitioner had filed the present petition[1] being aggrieved by the order of the Hon’ble Intellectual Property Appellate Board (hereinafter ‘IPAB’) dated 4th March, 2013 vide which IPAB upheld the order of the Controller of Patents dated 9th March, 2012…

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Intellectual Property Attorneys Association v. The Controller Genreral of Patents, Designs & Trade Marks & Anr.

Intellectual Property Attorneys Association v. The Controller Genreral of Patents, Designs & Trade Marks & Anr.  2019 (80) PTC 486 (Del) Delhi High Court Aggrieved by the practice of the Trade Marks Office of not giving speaking orders toward srefusal of trade mark registration and thereafter relying upon Rule 36 of the Trade Marks Rules,…

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MRF Limited v. Metro Tyres Limited

MRF Limited v. Metro Tyres Limited 2019 (79) PTC 368 (Del) Delhi High Court Brief Facts: Plaintiff produced an audio-visual advertisement titled as “MRF NV Series present REVZ”. As per the Plaintiff, the Defendant, who was involved in the same business of manufacturing and marketing of tyres, had produced similar advertisement titled “Bazooka Radial Tyres”….

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Amrish Agarwal v. Venus Home Appliances Pvt. Ltd.

 Amrish Agarwal v. Venus Home Appliances Pvt. Ltd. 2019 (80) PTC 414 (Del) High Court of Delhi The Learned Trial Court had taken on record the Certificates for use in Legal Proceedings of the trade marks of the Plaintiff at the stage of final arguments. Aggrieved by the said order, the Defendant had filed the…

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Koninklijke Philips Electronics Ltd. v. Remington Consumers Products Ltd.

Koninklijke Philips Electronics Ltd. v. Remington Consumers Products Ltd. C-299/99 European Court of Justice Brief Facts: Plaintiff was the registered proprietor of the following shape mark: In 1966, Philips developed a new type of three headed rotary electric shaver. The three headed shape was registered as a trade mark in the year 1985. In 1995,…

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Meso Private Limited v. Liberty Shoes Ltd. & Ors.

  Meso Private Limited v. Liberty Shoes Ltd. & Ors. Commercial Appeal No. 362 of 2019 before the Hon’ble High Court of Bombay Date of Decision: 8th August, 2019 Facts of the case: Appellant was the registered proprietor of the marks Legend and Flirt in Class 3 for perfumes. The products on which the said…