Region: India

E-commerce platform’s suggested-seller function leads to finding of passing off

An online seller has scored an important point against a major Indian e-commerce site before the Delhi High Court. The site has a function that suggests users visit other sellers’ pages, which, in this case, promoted the products of unrelated third-party sellers that were taking advantage of the plaintiff’s brand.

15 September 2022

Delhi High Court restrains use of PUMA for GPS and anti-theft devices

Following a joint compromise application capturing the terms of a settlement between the parties, the Delhi High Court has decreed a trademark infringement suit involving Puma in favour of the sports giant – and made some interesting observations while doing so.

01 September 2022

Report calls for more examiners as India's trademark registry deals with oppositions surge

Indian trademark registry only has 168 full-time examiners and disposes 12% of oppositions through hearings, but will dispose applications filed before 2020 by 2025

25 August 2022

Delhi Court overturns examiner’s ruling on distinctiveness

The Delhi High Court has held, on appeal, that the HEALTHSKOOL mark is sufficiently distinctive due to prior use and promotion. As a result of this decision the application may now proceed to advertisement in the Trademark Journal.

19 August 2022

Cadbury Gems v James Bond in Delhi High Court

The court ruled in favour of the plaintiff and ordered the defendant to pay damages, on the basis that there is an immense likelihood of confusion by virtue of the resemblance in product packaging, phonetic similarity of the marks and identical target consumers of the products.

17 August 2022

Shaping the law: high court clarifies requirements for shape marks

A recent case has prompted the Delhi High Court to reiterate the necessity for shape marks ― which have a notoriously high threshold for registration ― to have a secondary meaning.

11 August 2022

“A progressive step” – Indian government launches unprecedented drive to resolve trademark disputes

The Indian trademark registry has launched a major new initiative that aims to dispose of IP disputes at a record pace, including through the addition of 30 dedicated hearing officers.

04 August 2022

Supreme Court elevates copyright infringement to a serious non-bailable offence

New interpretation of copyright law makes infringement a cognisable, non-bailable offence for which an individual can be arrested. The effect of this strong ruling on creative freedom remains to be seen.

27 July 2022

Courts examine keyword advertising as trademark infringement

Indian courts are deciding whether using a registered trademark as a keyword on the Google Ads service amounts to use of a mark, and, if so, whether this provides an unfair advantage by misleading consumers.

21 July 2022

Spotlight on the right-to-repair movement and IP rights in India

The growing right-to-repair movement is demanding that manufacturers stop suppressing consumer and third-party repairs; however, manufacturers claim that this will force them to reveal proprietary technology and that poor-quality repairs will create brand dilution. Trends in India favour access to quality goods at free market prices.

07 July 2022

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