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05 June 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.

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.

20 May 2019

Licensor prevails in dispute over use of brand name post-termination

A recent case in India has addressed the question of whether a licensee can claim rights in a licensed mark when faced with the termination of the licence agreement.

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.

13 May 2019

Delhi High Court directs drug authorities to regulate misuse of similar brand names

The decision of the Delhi High Court in Curewell Drugs & Pharmaceuticals v Ridley Life Science creates a strict action plan from the moment that a drug and its packaging are created.

07 May 2019

Delhi High Court remands single judge’s dismissal of Louboutin’s claim for exclusivity

The Division Bench of the Delhi High Court has set aside the decision of a single judge dismissing Louboutin’s claim for exclusivity in a single colour and remanded the matter back for further consideration by the judge.

29 April 2019

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.

16 April 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.

09 April 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.

15 March 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.

14 March 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).

28 February 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.

25 February 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.

08 February 2019

Delhi High Court: ‘book my’ is descriptive and generic English term

The Delhi High Court has dismissed an application by Bigtree Entertainment – owner of the mark BOOKMYSHOW – for an injunction restraining the defendants from using the mark BOOKMYEVENT.

04 February 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.