India

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.

Despite controversy over claimed coronavirus cure, CORONIL may be hard to fight at the Indian registry
Three steps to revolutionise brand protection in India
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.

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

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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

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

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

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

Anti-Counterfeiting

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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

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

Brand management

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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

27 Feb 2020

Most TikTok influencers at risk of brand infringement; urged to consider trademark protection

TikTok has become a global phenomenon over the past 12 months, but research from WTR reveals that the vast majority of the platform's most popular content creators have taken no steps to protect their brand assets. 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

3 Feb 2020

Thirteen counterfeit hotspots in India that brand owners must 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 to India. Read more

Enforcement and Litigation

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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

8 Apr 2020

Bombay High Court rules that ISKCON is a coined trademark

In International Society for Krishna Consciousness (ISKCON) v Iskcon Apparel Pvt Ltd, the Bombay High Court has held that ISKCON is a coined trademark that is associated exclusively with the plaintiff, thereby deserving the highest degree of protection. Read more

Government/Policy

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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

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

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

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

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

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

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

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

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

Online

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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

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

Portfolio Management

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2 Apr 2020

Prior use defence: trademark use must be continuous and voluminous

In a dispute between two mattress manufacturers over the use of the NO TURN mark, the High Court of Delhi has held that the prior use defence in a trademark infringement/passing-off action cannot be accepted where the use is intermittent and not voluminous. Read more

2 Jan 2020

Better together: licensing best practice for the Indian market

India is one of the fastest growing economies in the world and has seen a spurt in inbound as well as outbound investments involving trademark licensing agreements. However, there are crucial legal considerations to balance with commercial plans. Read more

4 Dec 2019

Delhi High Court declares that PULSE is a well-known mark

In Dharampal Satyapal Sons Pvt Ltd v Singhal, the Delhi High Court has permanently restrained the defendants from using the mark PLUSS for sweets and declared that the plaintiff’s mark PULSE was well known under Sections 11(6) and (7) of the Trademarks Act. Read more

18 Nov 2019

Protecting and enforcing design rights: India

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Trademark law

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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

10 Dec 2019

Frozen 2 versus Christian Louboutin: could Anna’s red-soled shoes lead to a trademark dispute?

In Disney's Frozen 2, main character Anna is seen wearing red-bottomed boots, with some claiming a similarity to the iconic footwear of fashion brand Christian Louboutin. We speak with IP experts on the issues potentially at play. Read more

9 Dec 2019

Litigation procedures and strategies: India

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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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