India

Safeguarding digitised India: everything you need to know about the Personal Data Protection Bill

This guest analysis provides insight into the debate over privacy and data in India, the country’s position in comparison with international efforts and what brands need to know about the ever-shifting environment.

Safeguarding digitised India: everything you need to know about the Personal Data Protection Bill
China eclipses United States in latest Asia-Pacific filing figures – with Alibaba top of the pile on home turf
21 Sep 2020

China eclipses United States in latest Asia-Pacific filing figures – with Alibaba top of the pile on home turf

WTR crunches the numbers at the leading Asia-Pacific trademark offices to reveal the extent of China’s emergence as a regional superpower, with Alibaba leading the way among both agent and corporate filers at its home registry.

Fighting the enemy within: how to lessen the risk of internal counterfeiting
17 Sep 2020

Fighting the enemy within: how to lessen the risk of internal counterfeiting

Ex-employees from both Louis Vuitton and Hermès have been put on trial in recent weeks for their complicity in counterfeit handbag rings.

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23 Sep 2020

Flying high: registry data shows Asia-Pacific filings are skyrocketing

Filing data at the top Asia-Pacific IP offices reveals a region undergoing spectacular growth, accounting for a colossal 80% of trademark activity worldwide last year. Spearheading the effort is China – a nation with increasing influence over its neighbours, which shows no signs of slowing down. Read more

8 Sep 2020

New guidelines set up advertising overhaul in India, including expectations of brand ambassadors

India’s newly-formed Central Consumer Protection Authority has issued extensive guidelines designed to regulate advertising and clamp down on misleading claims and practices. Read more

28 Aug 2020

Economies are battered but many major offices set for record trademark numbers

As the data continues to be updated, we are able to get a better understanding of the extent of the coronavirus’ impact on the trademark ecosystem. Read more

28 Aug 2020

Coronil trademark twist; IPOS unveils new partnerships; Banjul marks in Mozambique  – news digest

In our latest round-up, we look at Glossier securing protection for its pink pouch, Pakistan promoting the use of GIs, China issuing opinions for destroying infringing and counterfeit goods, and much more. Read more

Anti-Counterfeiting

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20 Aug 2020

Five ways to beat the odds and protect your brand in Asia

We shine the spotlight on some of the biggest challenges facing brands in Asia and reveal what steps WTR’s trademark elite – from Beijing to New Delhi – are taking to overcome them. Read more

1 Jul 2020

Three steps to revolutionise brand protection in India

With the authorities making a renewed effort to hold the right people accountable for IP infringement, the time is ripe for brand owners and the government to work together to crack down on counterfeiting in the country. Read more

23 Jun 2020

Unauthorised branded face masks; Rolex opposition win; Josie Maran targets Amazon seller – news digest

In our latest edition, we look at Dreyer’s Grand Ice Cream renaming Eskimo Pie, the owner of a Chinese pharmacy chain sentenced to jail for the sale of counterfeit masks, and much more. Read more

14 May 2020

More counterfeit hotspots in India that brand owners should be aware of

In the latest instalment in our regular series on marketplaces around the world that are reportedly notorious for being counterfeit havens, we head back to India. Read more

Brand management

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8 Jul 2020

Up against the ropes: why Indian brands need to start fighting back against counterfeiters

Tired of the country’s reputation as having a lax attitude to counterfeiting, Indian authorities are making a renewed effort to hold the right people accountable for infringement – including non-plussed brand owners. Read more

26 Jun 2020

INTA unveils new website; Unilever tea sale; Indian consumers boycott Chinese brands – news digest

In our latest round-up, we look at more brands overhauling racially-insensitive products in Asia and Australia, MARQUES launching a LGBT and gender survey, Puma and Nike continue to duke it out, and much more. Read more

5 May 2020

Snapdeal snaps at USTR; Anheuser-Busch prevails; Ghana raises trademark fees – news digest

In our latest edition, we look at the South Africa Supreme Court of Appeals confirming it will hear a Swiss watch trademark suit, Partnerize acquiring BrandVerity, law firms delaying partner promotions due to covid-19, and much more. Read more

29 Apr 2020

“Purely political act”: Amazon hits out as platforms join Taobao on USTR notorious markets list

Five Amazon platforms have been added to the USTR's notorious markets list, with Amazon hitting back at the findings by describing it as advancing a “personal vendetta” of the Trump administration. Read more

Enforcement and Litigation

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9 Jul 2020

Bombay High Court considers reliefs to be granted in fake websites case

In a case involving fake websites registered by an unknown person, the Bombay High Court has considered which reliefs could be granted against domain registrars, banks and INRegistry. Read more

8 Jul 2020

Fighting the hydra – dynamic injunctions and the future of online piracy in India

India is the latest jurisdiction to turn to dynamic injunctions in a bid to curb online piracy, but questions remain about how effective a weapon they will prove to be. Read more

7 Jul 2020

India’s first-ever dynamic injunction and the future of online piracy

India is the latest jurisdiction to turn to dynamic injunctions in a bid to curb online piracy – but questions remain about how effective a weapon they will prove. Read more

7 Jul 2020

Bombay High Court grants ex parte relief against defendant’s use of pharma mark

In a case involving the use of identical marks for prescription-only medicines and non-prescription products, the Bombay High Court has found that there was a clear case of trademark infringement and passing off. Read more

Government/Policy

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13 Mar 2020

Coronavirus phishing warning; USPTO responds to WIPO election; Microsoft sued in Azure dispute – news digest

In our latest edition, we look at lawyers decrying ‘dumb’ and ‘gross’ coronavirus vaccine trademarks, the UK police seizing over £7 million in suspected fake goods, and much more. Read more

14 Feb 2020

India to reassess IP laws; Amazon tops brand intimacy ranking; Valentine’s fakes warning – news digest

In our latest edition, we look at fakes markets in China being closed during the coronavirus epidemic, Netflix suffering a blow in ‘choose your own adventure’ dispute, and much more. Read more

25 Nov 2019

Inside INTA’s India operations: exclusive interview

Gauri Kumar joined INTA to take on the role of India consultant in June 2015. In an exclusive in-depth interview with WTR, she highlights the policy issues that brands should be tracking in the country. Read more

19 Nov 2019

“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. Read more

Law Firms

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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. 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

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. Read more

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

IP Offices

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31 Jul 2020

Rush for CORONA marks at the Indian Trademark Registry

The business opportunities created by the coronavirus pandemic have led many pharmaceutical companies worldwide to file for trademarks containing the word ‘corona’. In India, there are 25 pending applications for such marks in Class 5, all of which were filed between March and June 2020. Read more

3 Jul 2020

Despite controversy over claimed coronavirus cure, CORONIL may be hard to fight at the Indian registry

The trademark registry could become the focus of attention as it considers applications for the claimed coronavirus cure's name. Read more

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

Online

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10 Jun 2020

Ex parte order issued during covid-19 lockdown restrains foreign owner from using domain name internationally

The Delhi High Court has issued an ex parte order restraining US company Brainlink from using the domain name ‘hindustan.com’ and from proceeding further in its declaratory suit against HT Media before a US district court. Read more

27 Feb 2020

Delhi High Court: Amazon entitled to rely on exhaustion defence and claim safe harbour protection

In a landmark decision, the Division Bench of the Delhi High Court has set aside a decision preventing Amazon Seller Services, Cloudtail and Snapdeal from selling the goods of direct-selling entities Amway India, Oriflame India and Modicare. Read more

12 Dec 2019

Meme theft: how legal should engage with social media marketing to handle repost crises

Social media marketing departments are reposting UGC on their own sites often with little or no credit to the original creator, which should ring alarm bells for trademark counsel. Read more

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

Portfolio Management

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5 Jun 2020

BMW successfully prevents use of DMW for electric rickshaws

German multinational company BMW has obtained an ad interim injunction from the Delhi High Court against a local manufacturer of electric rickshaws. Read more

12 May 2020

Bombay High Court: plaintiffs cannot claim proprietary rights over the words ‘Marathi Bana’

In Chaurang v Shemaroo Entertainment Ltd, the Bombay High Court has rejected an application by the writer, director and producer of the Marathi Bana show for an injunction restraining the defendants from using the words ‘Marathi Bana’ for a television channel. Read more

1 May 2020

Bombay High Court: defendant cannot use the words ‘White Chinese Pepper Masala’ or ‘Black Chinese Pepper Masala’

In Sky Enterprise v Abaad Masala, the Bombay High Court has restrained the defendant from using the words ‘White Chinese Pepper Masala’ or ‘Black Chinese Pepper Masala’, or any other identical or deceptively similar trademark or words in this particular combination, in relation to its goods. Read more

17 Apr 2020

Bombay High Court: defendants’ adoption and use of well-known mark cannot be said to be honest

In Bajaj Electricals Ltd v Gourav Bajaj, the Bombay High Court has temporarily restrained the defendants from using the marks BAJAJ EXCELLENT and APNA BAJAJ STORE, the label BAJAJ EXCELLENT and the domain name ‘apnabajajstore.com’. Read more

Trademark law

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22 Jul 2020

CORONIL trademark bid dealt a blow by the courts, but the fight is far from over

Although some expected an opposition due to CORONIL misleading the public as a cure for covid-19, the order is the result of another mark claiming priority. Read more

23 Apr 2020

Procedures and strategies for anti-counterfeiting:  India

Customs currently does not treat parallel-imported or grey-market goods as prohibited goods unless they are being smuggled or imported outside their original packaging. Read more

17 Mar 2020

Trademark procedures and strategies: India

In India, trademarks are protected through a combination of both specific statutes (eg, the Trademarks Act 1999) and ancillary legislation. Read more

8 Jan 2020

The risk factor in religious marks: a study of four major jurisdictions

An Indian court recently ruled that God's name was registrable as a trademark. We spoke to experts across four key jurisdictions about the different risks brands should be aware of before registering a religious name as a mark. Read more

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Ik-Hyun Seo
Senior Partner
Seoul, South Korea
Cho & Partners