Region: India

Jurisdiction in trademark cases: a matter of convenience, not of absolute discretion

In this dispute involving two whisky trademarks, the Delhi High Court issued an ad interim injunction against the defendant. An interesting issue that arose before the court was whether it had territorial jurisdiction to grant such relief.

15 December 2020

Times Now secures injunction against use of NEWSHOUR mark by ex-employee’s TV channel

The Delhi High Court granted Times Now’s request for an interim order restraining rival network Republic TV from using the mark NEWSHOUR, but did not interfere with Republic TV’s use of a mark coined by a former Times Now employee.

17 November 2020

DELHIVERY decision: phonetically generic marks cannot be protected

This decision of the Delhi High Court once again exposes the dangers inherent in the adoption of descriptive marks, including those that are misspellings of descriptive terms.

02 November 2020

Sony resolves PS5 trademark fight; Tiffany and LVMH end legal dispute; TPAC new member – news digest

In our latest round-up, we look at a ‘Why Brands Matter’ campaign launching, research revealing the brand risk of data breaches, Authentic Vision planning an expansion, and much more.

30 October 2020

Bombay High Court frowns on Future’s copying of Parle’s biscuit packaging

This order by the Bombay High Court should be welcomed by brand owners, as it reinforces that consumers make purchasing decisions based not only on brand names, but also on the overall visual presentation of the products.

29 October 2020

As Royal Enfield sets its sights on EU and US markets, will the Indian company revitalise the vintage UK brand?

If it can pull off the move, it will be a rare example of a heritage brand that went out of fashion in its original market, only to come back to life decades later.

16 October 2020

Are trademark sub-licensing models workable in India? Legal and practical considerations

Sub-licensing of trademarks is a common practice in India. However, there are questions over the legality of the practice.

12 October 2020

McDonald’s and Amul continue trend of successful hybrid actions against fake websites

Earlier this year, the Bombay High Court set the trend of hybrid actions involving John Doe infringers, banks and registrars to fight the rise in fake websites. McDonald’s and Amul recently jumped on this trend.

08 October 2020

Sony faces PS5 trademark fight in India but legal experts reject reports that it will derail console's launch

As gamers around the world readily anticipate the release of Sony’s PlayStation 5 console, media reports suggest that Indian consumers might have to wait a little longer after a third party was discovered to have applied for the PS5 name.

07 October 2020

Delhi High Court modifies ex parte ad interim injunction due to concealment of material facts

In this dispute over the use of the trademark SUJATA in India, the fact that the plaintiff suppressed and concealed material facts to mislead the court appears to have weighed against it.

06 October 2020

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