Design | Intellectual Property Rights | Passing Off | Uncategorized

Carlsberg Breweries A/S v. Som Distilleries and Breweries Ltd.

2019 (77) PTC 1 (Del) Brief Facts The present suit sought for the reliefs of infringement of design and a decree for injunction against passing off. By an order dated 02.05.2017, the Learned Single Judge referred the following  question to a Five judge bench of the Hon’ble High Court of Delhi: “whether the decision in…

aaLAWchak | Uncategorized

aaLAWchak: A Few Good Men

Movie: A Few Good Men Starring: Tom Cruise, Jack Nicholson, Demi Moore, Wolfgang Bodison, James Marshall Director: Rob Reiner Year of release: 1992 Introduction A Few Good Men is an American legal drama film. It was adapted for the screen by Aaron Sorkin from his 1989 play of the same name and includes contributions by…

Intellectual Property Rights | Trade Mark | Uncategorized

Nandhini Deluxe v. Karnataka Cooperative Milk Producers Federation Limited

Nandhini Deluxe v. Karnataka Cooperative Milk Producers Federation Limited 2018 (75) PTC 209 (SC) Brief Facts: Respondent, was using the trademark ‘NANDINI’ for milk and milk products from the year 1985. The Respondent had also registered the said mark in Classes 29 and 30. The Appellant adopted the mark ‘NANDHINI’ in 1989 and had a restaurant…

aaLAWchak | ICL Exclusive | Uncategorized

aaLAWchak: Pink

Movie: Pink Starring: Amitabh Bachchan, Taapsee Pannu, Kriti Kulhari, Andrea Tariang, Angad Bedi, Piyush Mishra, Vijay Varma Director: Aniruddha Roy Chowdhury Year of release: 2016 Introduction Pink is a powerful statement on the existing patriarchal mindset of a majority of India, where men and women are judged by a different yardstick. Minal  Arora (Taapsee Pannu),…

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

flIPstaan: ‘ANGREZI MEDIUM’ AND THE NECESSITY OF MAINTAINING STRONG BRANDS

SEASON 1 EPISODE 3 – 27th September, 2020 “Aur Jahaan Tak Mhaari Beti Ka Sawaal Hai Wo To Trueford University Jaakar Rahegi, Nahi To Main Ghasiteram Todarmal Ko Par-Poto Nahi” – Champak Bansal, Angrezi Medium Introduction The above quoted dialogue could be loosely translated as “And so far as my daughter is concerned, she will…

Intellectual Property Rights | Trade Mark | Uncategorized

M/S Arudra Engineers Private Limited v. M/S Patanjali Ayurveda Limited & Anr.; Order disposing Interim Application

M/S Arudra Engineers Private Limited v. M/S Patanjali Ayurveda Limited & Anr. Date of decison: 06.08.2020 Madras High Court For brief facts and history of litigation, you can refer our post on ex-parte order here. We are not repeating the same for sake of brevity. The present summary is of the order on the adjudication…

aaLAWchak | Uncategorized

aaLAWchak: Mulk

  Movie: Mulk Starring: Rishi Kapoor, Taapsee Pannu, Manoj Pahwa, Ashutosh Rana, Prateik Babbar, Rajat Kapoor Directed by:  Anubhav Sinha Year of release: 2018 Mulk is inspired by a true story when a man named Sartaj in Lucknow, in 2017, refused to take the body of his son Saifullah who was a member of a…

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…

FLIPSTAAN | ICL Exclusive | Intellectual Property Rights | Patent | Uncategorized

flIPstaan+: Patentability Analysis of Invisibility Device of ‘Mr. India’

SEASON 1 BONUS EPISODE – 3rd August, 2020 On the fine morning of 2ndof August 2020, Mr. Ankit Rastogi woke me up from my bed, to discuss not so much of a eureka moment. He wanted me to provide him an off the cuff patentability analysis of the invisibility band used by Mr. Arun Verma…

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…