India

“A step in the right direction” – IP experts on brand protection implications of India’s draft e-commerce rules

The Indian government has released a draft of its new e-commerce rules, with some provisions addressing counterfeit goods. Talking to WTR, a number of India’s most high-profile IP experts praise the draft rules, although some claim that they do not go far enough.

“A step in the right direction” – IP experts on brand protection implications of India’s draft e-commerce rules
15 Nov 2019

A very Miami trademark dispute, Project Zero launches in India, and Nike ends Amazon deal: news digest 

In our latest round-up, we look at how a potential change to Instagram could impact DTC brands, how ‘water stewardship’ could boost brand value, a UKIPO office move, and much more.

30 Sep 2019

The top corporate and law firm filers in India revealed

Continuing our deep data dive into filing activities at the top Asia-Pacific registries, we explore why, despite a recent decline in filings at Intellectual Property India, registration figures have skyrocketed.

Latest

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18 Nov 2019

Make My Trip v Make My Travel: Delhi High Court reaffirms conditions to avail of defence of acquiescence

The High Court of Delhi has reaffirmed that the trademark holder’s express consent to the use of a similar/identical trademark is an essential requirement to avail of the defence of acquiescence under Section 33 of the Trademark Act. Read more

22 Oct 2019

Meso v Liberty: Bombay High Court upholds ‘common to the trade’ defence

In Meso Private Limited v Liberty Shoes Ltd, the Division Bench of the Bombay High Court has dismissed Meso’s appeal against the single judge’s refusal to issue an injunction preventing Liberty from using the marks LEGEND and FLIRT for perfumes. Read more

1 Oct 2019

Asia’s top filers reveal strong growth prospects

World Trademark Review takes a deep dive into the top Asia-Pacific trademark offices and how they are modernising their systems to better protect applicants and streamline procedures. While this has positively affected filing levels, economic performance and domestic businesses will be key going forward. Read more

1 Oct 2019

Procedures and strategies for pharmaceutical brands: India

In early 2019 the Department of Industrial Policy and Promotion released a draft e-commerce policy to strengthen enforcement mechanisms for IP owners. Although the steps taken are generally welcome, there are some clauses which require further contemplation. Read more

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Anti-counterfeiting

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21 Aug 2019

From Jumia to Ozon: the regional e-commerce sites that rights holders need to be policing

Outside of North America and China, new ecommerce marketplaces are springing up at an increasing rate. As these regional platforms grow, infringers have swarmed to them in response to the global platforms’ growing anti-counterfeiting efforts. Read more

23 May 2019

Bombay High Court quotes Mahatma Gandhi in yet another decision imposing heavy costs on infringers

In Nippon Steel & Sumitomo Metal Corporation v Jain, the Bombay High Court has decided to make an example of the defendants and imposed hefty costs of Rs50 million. Read more

14 May 2019

Procedures and strategies for anti-counterfeiting: India

The Penal Code sets out punishments for cheating, counterfeiting and possession of instruments for making counterfeits, among other things. The code’s provisions can be invoked in criminal actions, in addition to the provisions of specific statutes. Read more

15 Mar 2019

Beyoncé trademark battle, Saudi fees fall, and HP on Paraguay fakes approach: news digest

In our latest edition, we look at India taking a step towards aligning itself with the global trademark system, Ghostbuster Dan Aykroyd prevailing in an infringement case, and much more. Read more

Brand management

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25 Feb 2019

The digital revolution and the future of India’s financial service brands

India's banks operate in one of the world's most active fintech markets. As fraudsters try to take advantage, financial companies must be ready to stop brand infringement. Read more

25 Feb 2019

The digital revolution and the future of India’s financial service brands

India's banks operate in one of the world's most active fintech markets. As fraudsters try to take advantage, financial companies must be ready to stop brand infringement. Read more

7 Jan 2019

Protecting and enforcing design rights: India

While the Indian Patent Office has four branches (in Chennai, Delhi, Kolkata and Mumbai), there is only one branch of the Design Office, which is found in Kolkata. Read more

13 Dec 2018

“Sometimes you need a firm that will shoot from the hip”: insights from 7-Eleven’s Allison McDade

In an exclusive interview, Allison McDade shared her approach to tackling imitation convenience stores in Asia and explained the challenges stemming from the company’s expansion. Read more

Enforcement and litigation

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18 Nov 2019

Make My Trip v Make My Travel: Delhi High Court reaffirms conditions to avail of defence of acquiescence

The High Court of Delhi has reaffirmed that the trademark holder’s express consent to the use of a similar/identical trademark is an essential requirement to avail of the defence of acquiescence under Section 33 of the Trademark Act. Read more

22 Oct 2019

Meso v Liberty: Bombay High Court upholds ‘common to the trade’ defence

In Meso Private Limited v Liberty Shoes Ltd, the Division Bench of the Bombay High Court has dismissed Meso’s appeal against the single judge’s refusal to issue an injunction preventing Liberty from using the marks LEGEND and FLIRT for perfumes. Read more

1 Oct 2019

Procedures and strategies for pharmaceutical brands: India

In early 2019 the Department of Industrial Policy and Promotion released a draft e-commerce policy to strengthen enforcement mechanisms for IP owners. Although the steps taken are generally welcome, there are some clauses which require further contemplation. Read more

19 Sep 2019

Delhi High Court: use of word that is prominent in registered logo mark amounts to infringement

In Max Healthcare v Sahrudya Health Care, the Delhi High Court has held that the use by the defendant of a word that was prominent in the plaintiff’s logo marks amounted to infringement. Read more

Goverment/policy

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10 Jul 2019

Petition against use of ‘Bharat’ in Bollywood film title dismissed

The Delhi High Court has dismissed a writ petition seeking a stay on the release of Bollywood film Bharat under the Emblems and Names (Prevention of Improper Use) Act. Read more

29 Apr 2019

How brands can avoid backlashes and PR blunders during India’s election

As India’s Lok Sabha elections reach their apex, multiple international and domestic brands have made a stamp on the election with intriguing marketing campaigns. Local experts tell WTR about the opportunities and risks of this activity. Read more

9 Apr 2019

Cabinet approves India’s accession to Nice, Vienna and Locarno Agreements

In a move that is hoped to boost the confidence of foreign investors, the Union Cabinet has approved the accession of India to the Nice Agreement, the Vienna Agreement and the Locarno Agreement. Read more

4 Feb 2019

Consumer Protection Bill will transform landscape for celebrity endorsements

The new Consumer Protection Bill would introduce liability for celebrity endorsers who fail to carry out sufficient due diligence before endorsing goods or services - although the bill is silent as to what this actually entails. Read more

Law firms

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23 Jan 2019

You get what you pay for? Variances in law firm hourly rates revealed

New research has revealed the variance in the hourly rates charged by law firm practitioners for trademark-related work in key jurisdictions, with the hourly rate for a partner ranging from $30 to $880. Read more

31 Aug 2018

Fake Warren Buffett fools thousands, Monsta mashes Monster, and Starbucks and Sardarbuksh dispute brews: news round-up

In our latest round-up, we look at a Canadian coalition urging that cigar companies be exempt from proposed plain packaging regulations, the Chinese government promising stricter IP protections, and much more. Read more

18 May 2018

India’s revitalised trademark landscape fails to boost leading brands: exclusive data analysis

In this week’s exclusive country data report, we provide a rundown of India’s trademark landscape. We explore the surge in registrations at the Indian IP office, reveal the top filers, and inspect the widespread fall in value of the country’s top brands. Read more

26 Apr 2018

Private practice perspectives on diversity: “We must push forward in the name of achieving greater equality”

Law firm professionals reflect on the theme of this year’s World IP Day, which highlights the ingenuity and courage of the women who are driving change in our world. Read more

IP offices

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11 Sep 2019

Calling for corrections: India IP office requests reports of trademark certificate errors

Intellectual Property India has issued a notice calling on rights holders to notify it of errors on historical trademark certificates. One market expert tells WTR of the headaches that some rights holders have faced due to errors.  Read more

24 Jul 2019

China, India, US rise; Japan, Singapore, UK fall – Global Innovation Index 2019 report released

WIPO has revealed the world’s most innovative countries. In a new report it places Switzerland, Sweden and the United States at the top of the list, with the Netherlands, Singapore and the United Kingdom falling down the rankings.  Read more

28 Dec 2018

IP India report reveals that Trademarks Registry has more work to do

The Trademarks Registry has made substantial progress to clear the backlog of opposition cases. Nevertheless, with fierce competition among emerging economies, there is more to be done. Read more

29 Oct 2018

India: the dawning of a new day

The Indian trademark office has made significant strides in improving its operations, efficiencies and digital efforts over the past 18 months. We look at how these could shape trademark protection in India in the coming years. Read more

Online

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11 Sep 2019

Travel portal to face trial in criminal proceedings for trademark infringement

In a dispute involving travel portals Ezeego and Make My Trip, the Bombay High Court has refused to quash an order for issuance of summons passed by the Magistrate’s Court in criminal proceedings for trademark infringement. Read more

26 Aug 2019

Fighting hydra-headed rogue websites: the rise of the dynamic injunction

The Delhi High Court’s decision to direct 'dynamic injunctions' against rogue websites in a bid to end the ‘whack-a-mole' headache is a progressive one. However, there is still more that could be done. Read more

23 Nov 2018

Victory for Louboutin as Delhi High Court clarifies responsibilities of online intermediaries

In Christian Louboutin SAS v Nakul, the Delhi High Court has ruled in favour of Louboutin, stating that the safe harbour protection under Section 79 of the Information Technology Act is not absolute. Read more

17 Apr 2018

WHOIS access charges, NGOs take aim at watch list plans and INTA applauds ‘Brand India’: news round-up

In our latest round-up, we look at a registry’s plans to charge trademark owners for access to WHOIS data and  the war of words over plans for an IP markets watch list. Read more

Portfolio management

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2 Jul 2019

Bombay High Court: one cannot contend that a word is generic and seek registration of a mark where that word is dominant

In Royal Dryfruit Range v Royal Suvidha, the Bombay High Court has ruled in favour of plaintiff Royal Dryfruit Range and restrained defendant Royal Suvidha from using the trademark/trade name ROYAL SUVIDHA in respect of dry fruits. Read more

16 Apr 2019

Success for New Balance as court prevents Apex Shoe Company from using NEW BALANCE mark

In a dispute between New Balance Athletics Inc and Apex Shoe Company Pvt Ltd, the Delhi High Court has ruled in favour of New Balance and issued a permanent injunction preventing Apex from using the mark NEW BALANCE. Read more

7 Jan 2019

Protecting and enforcing design rights: India

While the Indian Patent Office has four branches (in Chennai, Delhi, Kolkata and Mumbai), there is only one branch of the Design Office, which is found in Kolkata. Read more

13 Dec 2018

“Sometimes you need a firm that will shoot from the hip”: insights from 7-Eleven’s Allison McDade

In an exclusive interview, Allison McDade shared her approach to tackling imitation convenience stores in Asia and explained the challenges stemming from the company’s expansion. Read more

Trademark law

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9 Aug 2019

INTA heads to New Delhi, Gatorade victory, and ‘fake IP lawyer’ pleads guilty: news digest

In our latest edition, we look at Porsche revealing its brand protection secrets, Mastercard launching a blockchain program to track fake fashion, WIPO offering a mediation incentive, CNIPA opening a new office, and much more. Read more

22 Jul 2019

Why India’s colour-coded label plan should be a concern for FMCG brand owners

The Food Safety and Standards Authority of India is currently seeking comments on the draft of its new labelling and display regulation. In this guest post, rights holders in the food and drinks industry are warned over its potential negative impact on product packaging. Read more

14 Mar 2019

India’s upcoming data protection regime

India is on the cusp of enacting its first comprehensive legislation on data protection, a natural fallout of the nine-judge constitution bench of the Supreme Court recognising the right to privacy as a fundamental right in the historic judgment Justice KS Puttaswamy v Union of India (24 August 2017). Read more

28 Jan 2019

Litigation procedures and strategies: India

In 2015 the Indian legislature passed a new act – the Commercial Courts Act – which came into effect in January 2016, with the objective of streamlining and expediting commercial lawsuits, including IP disputes.  Read more

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Claes Agnvall
Senior Partner
Stockholm, Sweden
Zacco