Author: Biswajit Sarkar - IP Law Firm India

KUDOS to Cello!

June 6, 2017 Biswajit Sarkar - IP Law Firm India Post time: 1:51 pm

Cello Household Products (plaintiffs) sued Modware India (defendants) in the Bombay High Court seeking an injunction for passing off and infringement of design. In May 2016, the plaintiffs had created a plastic bottle named PURO. The bottle was registered with the Indian Designs Office as

Govinda’s trouble

June 3, 2017 Biswajit Sarkar - IP Law Firm India Post time: 11:26 am

Sarkar 3 was recently released on May 12 2017, despite certain legal issues between the two parties namely Narendra Hirawat & Co. (NH) (“Appellant”), and Alumbra Entertainment and Ors., including K Sera Sera (KSS), Z Picture Company (ZPC) and RGV Film Factory (RGV) (“Respondents”). The

Star-lost stripes!

June 3, 2017 Biswajit Sarkar - IP Law Firm India Post time: 11:22 am

The two parties belong to the cheerleading apparel industry and are rivals to one another. In the industry, Varsity is the older company and is one of the giants. Mostly all the cheerleading uniforms and the dance attire is manufactured by this company. Star Athletica

Michael ‘dunked’ yet again

June 3, 2017 Biswajit Sarkar - IP Law Firm India Post time: 11:12 am

Basketball is a sport played by all. It is a very popular sport all over the world and perhaps the most famous basketball player known to the world is Michael Jordan. Over the years he has played brilliantly and is owner of

The Brand Beckham

May 31, 2017 Biswajit Sarkar - IP Law Firm India Post time: 10:16 am

When you hear the word, ‘Beckham’, all you can think of is the beautiful Beckham family. The family of six consisting of former footballer David Beckham, Victoria Beckham and their children Brooklyn, Romeo, Cruz and Harper are all part of the trademark brand Beckham’. Harper,

Courts are silent over online market’s trade marks infringement

April 6, 2017 Biswajit Sarkar - IP Law Firm India Post time: 2:11 pm

The online intermediaries have been laying an active role in the across the globe and it is not new to the international jurisdictions to adjudicate in the cases where there have been infringement by third parties. But the laws in India are still uncertain in

Just a trailer

April 5, 2017 Biswajit Sarkar - IP Law Firm India Post time: 11:02 am

The Court leaving all its matters aside had to attend the copyright case to stop the screening of the movie “PHILLAURI”. It was at the eleventh hour i.e. three days before the release date of the movie that the Plaintiff asked for the last minute

Bend it like Bentley

March 20, 2017 Biswajit Sarkar - IP Law Firm India Post time: 1:35 pm

The car company Bentley lost a trade mark invalidity battle against UK based clothing company Bentley. The clothing company is using the trade mark BENTLEY since 1962 and in 2009 had got the trade mark registration at UK Intellectual Property Office. The trade mark covers

Passing off “NOW”

March 18, 2017 Biswajit Sarkar - IP Law Firm India Post time: 1:00 pm

The action for passing off is something that is always under the microscopic test and therefore, the proof of passing off rests upon a trinity tests i.e. goodwill, misrepresentation and damages. The plaintiff must prove that there is a goodwill attached to the trade mark

Well-known – ness on the go!!

March 16, 2017 Biswajit Sarkar - IP Law Firm India Post time: 7:42 am

On March 6th, 2017 the Trade Marks Office notified new sets of rules wherein the trade mark owners can now file their trade marks in an elite list if their mark satisfies the touchstone of a well- known trade mark. The list shall be maintained

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