Intellectual Property Rights | Trade Mark | Uncategorized

Kabushiki Kaisha Toshiba v. Tosiba Appliances and Ors.

Kabushiki Kaisha Toshiba v.  Tosiba Appliances and Ors. 2008 (37) PTC 394 (SC) Brief Facts: Appellant officially adopted the name Toshiba Corporation only in 1984, it had registered (and was using) the mark “TOSHIBA” in a number of countries (including India) way back in 1953. Since 1953, the Appellant had acquired about 35 trademark registrations…

Disparagement | Intellectual Property Rights | Uncategorized

Permissible Limits of Conducting Product Reviews by Social Media Influencers (Decoding Marico v. Abhijeet Bhansali): Part II

In our last post on the above subject captioned matter, we had covered the Brief Facts of the matter, the decision of the Learned Single Judge in the present matter and the key takeaways from the said decision. Pertinently, the Learned Single Judge had granted a temporary injunction towards the removal of said video. The…

Disparagement | Intellectual Property Rights | Uncategorized

Permissible Limits of Conducting Product Reviews by Social Media Influencers (Decoding Marico v. Abhijeet Bhansali): Part I

The Bombay High Court in earlier part of the year 2020, has dealt with the case of permissible limits of action of viewers who review products or services. The decision is in the case of Marico Limited v. Abhijeet Bhansali[1] wherein the Learned Single Judge of Hon’ble High Court of Delhi restrained by an order…

Intellectual Property Rights | Trade Mark | Uncategorized

Khoday Distilleries Limited (Khoday India Limited) v. The Scotch Whisky Association and Ors.

Khoday Distilleries Limited (Khoday India Limited) v. The Scotch Whisky Association and Ors. 2008 (37) PTC 413 (SC) Brief Facts: Appellant manufactured whisky under the mark ‘Peter Scot’ since the year 1968. Respondents, an industry body of distillers, blenders and exporters of Scotch whisky, learnt about the Appellant’s trade mark application in 1974.[1] Respondents had…

Intellectual Property Rights | Trade Mark | Uncategorized

Toyota Jidosha Kabushiki Kaisha v. Prius Auto Insurance Ltd. & Ors.

Toyota Jidosha Kabushiki Kaisha v. Prius Auto Insurance Ltd. & Ors. 2018 (73) PTC 1 (SC) (Image Credits: Kārlis Dambrāns from Latvia; Image and Creative Common License availalbe at: https://en.wikipedia.org/wiki/Toyota_Prius#/media/File:2016_Toyota_Prius_(ZVW50R)_Hybrid_liftback_(2016-04-02)_01.jpg) Brief Facts: Plaintiff, an automobile manufacturer was incorporated in Japan. Plaintiff had launched world’s first commercial hybrid car called ‘Prius’, in Japan, in the year…

Intellectual Property Rights | Trade Mark | Uncategorized

M/s. Arudra Engineering Private Limited v. M/s. Patanjali Ayurved Limited

M/s. Arudra Engineering Private Limited v. M/s. Patanjali Ayurved Limited Date of Order: 17th July, 2020 in O.A. No. 258 of 2020 in C.S.No.163 of 2020 In the High Court of Madras The present post covers the ex-parte order passed by the High Court of Madras on the application for Interim Relief filed by the…

Intellectual Property Rights | Passing Off | Trade Mark | Uncategorized

ITC LIMITED V. NESTLE INDIA LTD. – CURIOUS CASE OF ‘THE MAGIC NOODLES’ – PART II: POST TRIAL DECISION

ITC Limited v. Nestle India Ltd. Decided on: 10.06.2020 In the High Court of Madras On 10th June, 2020, the Hon’ble High Court of Madras provided a final decision on the suit for passing off filed by ITC Limited (hereinafter ‘ITC’) against Nestle India Limited (hereinafter ‘Nestle’) over latter’s use of the mark ‘MAGICAL MASALA’….

Domain Names | Intellectual Property Rights | Trade Mark | Uncategorized

REGISTRABILITY OF ‘GENERIC.COM’ MARKS – PART – II: THE DISSENTING OPINION IN USPTO V. BOOKING.COM

Recently, the Supreme Court of United States held that marks which are generic when combined with a top-level domain name may qualify as registrable marks provided the consumers do not consider them to be generic. The decision is in USPTO v. Booking.com B.V. By an 8: 1 majority the matter has been decided against USPTO….

Domain Names | Intellectual Property Rights | Trade Mark | Uncategorized

REGISTRABILITY OF ‘GENERIC.COM’ MARKS – PART – I: THE MAJORITY OPINION IN USPTO v. BOOKING.COM

Recently, the Supreme Court of United States held that marks which are generic when combined with a top-level domain name may qualify as registrable marks provided the consumers do not consider them to be generic. The decision is in USPTO v. Booking.com B.V.. By an 8: 1 majority the matter has been decided against USPTO….

FLIPSTAAN | ICL Exclusive | Intellectual Property Rights | Trade Mark | Uncategorized

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…