UNDERSTANDING THE FUNCTIONS  AND RATIONALE OF TRADE MARK, FROM THE MOVIE, ‘PK’
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UNDERSTANDING THE FUNCTIONS  AND RATIONALE OF TRADE MARK, FROM THE MOVIE, ‘PK’

SEASON 1 EPISODE 1 – 27th June, 2020 Introduction In the 2014 movie ‘PK’, a humanoid alien comes to the planet Earth (aka, ‘Gola‘) for a research. Unfortunately, the alien gets stranded on Earth after losing his communication device to connect to his spaceship and eventually ends up exploring different ways of human behaviour, set…

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Haelan Laboratories, Inc. v. Topps Chewing Gum, Inc.

Haelan Laboratories, Inc. v. Topps Chewing Gum, Inc. 202 F.2d 866 (2d Cir. 1953); US Court of Appeals for the Second Circuit                                 Date of decision: 16th February, 1953 Brief Facts: The Plaintiff was engaged in selling Chewing Gums. Plaintiff…

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Ms. Barkha Dutt v. easyticket, Kapavarapu, Vas

Ms. Barkha Dutt v. easyticket, Kapavarapu, Vas Case No. D2009-1247 before Administrative Panel, WIPO Arbitration and Mediation Center Date of decision: 30th October, 2009 Brief Facts: The Complainant, Barkha Dutt, a known figure in the media and particularly recognised for her reporting from conflict regions filed the present Complaint before WIPO for transfer of domain…

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Julia Fiona Roberts v. Russell Boyd

Julia Fiona Roberts v. Russell Boyd Case No. D2000-0210 before WIPO Arbitration and Mediation Center Date of decision: 29th May, 2000 The Complainant was Ms. Julia Fiona Roberts, a famous film actress who had appeared in films such as Notting Hill, Pretty Woman, Erin Brockovich etc. The Complainant was widely featured in celebrity publications, movie…

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A GUIDE TO WELL-KNOWN TRADE MARKS

 “There are marks which are different from other marks. There are names which are different from other names. There are names and marks which have become household words.” – Hon’ble Mr. Justice Mahinder Narain, Hon’ble High Court of Delhi (Daimler Benz Aktiegesellschaft & Anr. v. Hybo Hindustan; 1994 PTC 287) Abstract: Intellectual Property has many…

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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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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,…