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India

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.

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

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.

Latest

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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

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

19 Jun 2019

Strict similarity test for pharma brands applies to nutraceuticals

In Sun Pharma Laboratories Ltd v Ajanta Pharma Ltd, the Delhi High Court has held that the strict similarity test for pharmaceutical brands set forth in Cadila also applies to nutraceutical brands. Read more

5 Jun 2019

Success for footwear company Bata as Delhi High Court confirms that POWER mark is well known

In Bata India Limited v Chawla Boot House, the Delhi High Court has recognised that Bata India Ltd’s trademark POWER is well known in India, and restrained the defendant from using the word ‘power’ in respect of footwear and related products. Read more

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Anti-counterfeiting

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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

28 Feb 2019

Delhi High Court imposes substantial punitive damages on habitual infringers

In Whatman International Limited v Mehta, the Delhi High Court has taken a stern stance against habitual infringers. The decision shows that the Indian courts are increasingly adopting a zero-tolerance policy in such cases. Read more

29 Oct 2018

How India is helping brands combat counterfeiting

India is removing policy barriers to attract investment, while policy initiatives designed to improve IP rights enforcement look set to yield results. However, the availability of infringing, counterfeit and lookalike products is also on the rise. 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

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

24 Oct 2018

“Counterfeiters have no compunction about hurting or killing people”: exclusive interview with Gilead’s Gretchen Stroud

WTR spoke to Gilead's Gretchen Stroud about the fight against fake drugs being sold on social media, the trademark challenges that arise when drugs go off-patent, and much more. Read more

Enforcement and litigation

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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

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

19 Jun 2019

Strict similarity test for pharma brands applies to nutraceuticals

In Sun Pharma Laboratories Ltd v Ajanta Pharma Ltd, the Delhi High Court has held that the strict similarity test for pharmaceutical brands set forth in Cadila also applies to nutraceutical brands. Read more

5 Jun 2019

Success for footwear company Bata as Delhi High Court confirms that POWER mark is well known

In Bata India Limited v Chawla Boot House, the Delhi High Court has recognised that Bata India Ltd’s trademark POWER is well known in India, and restrained the defendant from using the word ‘power’ in respect of footwear and related products. Read more

Goverment/policy

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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

3 Sep 2018

Plain packaging in India moves closer following Supreme Court decision and upcoming amendments

In the coming days, new governmental amendment rules in India are set to take effect that, according to one expert, suggest that a move towards full plain packaging in the country is only a matter of time. Read more

18 May 2018

Flurry of royal wedding marks, Israel added to TMview, and India unveils IP mascot: news round-up

In our latest round-up, we look at a number of trademarks that appear to be related to Prince Harry and Meghan Markle, the USPTO unveiling a new resource center, the sale of the Toys-R-Us brand, and much more. Read more

Law firms

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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

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

10 Oct 2017

From the EUIPO to the EPO: Campinos elected next president as race to Alicante top spot commences

António Campinos, executive director of the EUIPO, has been elected as the next president of the EPO. He will serve a five-year term from July 1 2018. Read more

IP offices

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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

25 Sep 2018

New study finds low IP awareness among students, teachers and scholars in India

Research has found that a significant portion of people studying and teaching at higher educational institutions in India have no awareness of intellectual property rights.  Read more

12 Sep 2018

Trademark procedures and strategies: India

The Indian courts have taken the lead in issuing landmark decisions on several issues, including recognition of trans-border reputation and goodwill, trademark violations in respect of unrelated goods, online counterfeiting and protection of celebrity rights. 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

Online

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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

5 Mar 2018

India urged to clamp down on celebrity endorsements; opportunities arise for canny brands

​​​​​​​The Confederation of All India Traders has piled pressure on the Indian Government to pass a new Consumer Protection Bill which contains provisions designed to hold brand ambassadors liable for misleading endorsements. Read more

1 Jan 2018

India: Indian courts respond to thriving online market

With a growing incentive for traders to migrate to online retail marketplaces, Indian courts face a new set of challenges from disputes involving e-commerce Read more

2 Nov 2017

Territorial jurisdiction in the new interconnected world

The Delhi High Court was recently held to have jurisdiction to try a suit despite the defendants being based in the United Arab Emirates. As the defendant sold its goods and services through app stores and e-commerce portals, the court found that online sales are "virtually the same thing as a seller having shops in that place in the physical world”. This decision will help IP owners to take swift action against counterfeiters and infringers which exploit the anonymity of the Internet. Read more

Portfolio management

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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

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

24 Oct 2018

“Counterfeiters have no compunction about hurting or killing people”: exclusive interview with Gilead’s Gretchen Stroud

WTR spoke to Gilead's Gretchen Stroud about the fight against fake drugs being sold on social media, the trademark challenges that arise when drugs go off-patent, and much more. Read more

29 Aug 2018

Safeguarding dynamic marks and slogans in India

Fluid trademarks and slogans are excellent marketing tools as they engage customers and improve sales, but their enforceability remains challenging. Read more

Trademark law

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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

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

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

trending

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

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

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Strict similarity test for pharma brands applies to nutraceuticals

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The rise of licensing in India

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No MEX appeal – Delhi High Court dismisses injunction against OMEX

latest

1

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

2

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

3

Strict similarity test for pharma brands applies to nutraceuticals

4

Success for footwear company Bata as Delhi High Court confirms that POWER mark is well known

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Alexander von Mühlendahl
Senior Counsel
Munich, Germany
BARDEHLE PAGENBERG Partnerschaft mbB
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