Intellectual Property Rights | Passing Off | Personality Rights | Trade Mark | Uncategorized

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…

Intellectual Property Rights | Passing Off | Personality Rights | Trade Mark | Uncategorized

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…

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

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…

Intellectual Property Rights | Trade Mark | Uncategorized

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,…

Intellectual Property Rights | Trade Mark | Uncategorized

Libertel Groep BV v. Benelux-Merkenbureau

Libertel Groep BV v. Benelux-Merkenbureau Case No. C-104/01, European Court of Justice, 6th May, 2003 The Applicant had applied for registration of the Colour Orange for telecommunications goods and services before Benelux Trade Marks Office (BTMO). The application form contained an orange rectangle and in the space for describing the trade mark, the word ‘orange’…

Intellectual Property Rights | Trade Mark | Uncategorized

In Re General Electric Broadcasting Company, Inc.

In Re General Electric Broadcasting Company, Inc. 199 U.S.P.Q. 560 (TTAB, 1978) Brief Facts: Applicant filed an application to register a mark consisting of the sound made by a Ship’s Bell Clock as a service mark for Radio Broadcasting Services. The mark was described as “a series of bells tolled during four, hour sequences, beginning…

Intellectual Property Rights | Trade Mark | Uncategorized

Edgar Rice Burroughs Inc v OHIM

Edgar Rice Burroughs Inc v OHIM (R708/2006-4) Board of Appeal Date of decision: 27th September, 2007 In 2004, the Applicant applied for registration “The Tarzan Yell”[1] through a sonogram. The sonogram/proposed sound mark is depicted herein below: The examiner did not consider the sonogram as an acceptable ‘graphical representation’ of a sound mark and relying…

Intellectual Property Rights | Trade Mark | Uncategorized

Sieckmann v. Deutsches Patent-und Markenamt

Sieckmann v. Deutsches Patent-und Markenamt Case C-273/00, 2003 E.T.M.R. 37 Brief Facts: The Applicant intended to register an olfactory/smell mark, before the German Patent and Trade Marks Office, in Classes 35, 41 and 42 for which the Applicant provided the following description: “Trade mark protection is sought for the olfactory mark deposited with the Deutsches…

Intellectual Property Rights | Trade Mark | Uncategorized

Radico Khaitan Ltd. v. Devans Modern Breweries Ltd.

Radico Khaitan Ltd. v. Devans Modern Breweries Ltd. 258 (2019) DLT 177 Radico Khaitan Ltd. filed a suit for Infringement of Trade Mark and Passing Off against Devans Modern Breweries Ltd. in respect of the Trade Mark ELECTRA in respect of alcoholic beverages. Radico Khaitan Ltd. manufactured Ready to Drink Vodka Infused alcoholic Beverage under…