Region: India

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.

05 June 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.

14 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.

12 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.

05 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.

01 May 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.

29 April 2020

Procedures and strategies for anti-counterfeiting:  India

Featured in Anti-counterfeiting: A Global Guide 2020

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.

23 April 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’.

17 April 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.

08 April 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.

02 April 2020

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