Category: Trademark

Willingly willow

February 10, 2017 Biswajit Sarkar - IP Law Firm India Post time: 1:13 pm

The cases on trade marks has traversed a long way to the ancient world of the tea when people of Scotland were accustomed to the famous Willow tea rooms and it came to be associated with the services rendered by the owner. In this connection

Trans-border reputation: time to think!!!

February 3, 2017 Biswajit Sarkar - IP Law Firm India Post time: 1:02 pm

Few days back the Delhi High Court has pondered upon the trans-border reputation and has laid down a detailed guideline for determining the trans-border reputation in India. There have been judgments penned down by the Court establishing trans-border reputation of the trade marks which are

The Delhi High Court again!!!!

February 2, 2017 Biswajit Sarkar - IP Law Firm India Post time: 12:57 pm

The trade marks law has expanded from time to time incorporating various changes by way of amendments. Earlier the trade marks law in India was governed by the trade and Merchandise Act, 1958. This Act defined the permitted use as use by a registered proprietor

There is no rescue…

January 19, 2017 Biswajit Sarkar - IP Law Firm India Post time: 8:37 am

While the people have just recuperated from Christmas celebrations all over the World, the Federal Court of Justice (BGH) has delivered a judgment having a great impact on the legal federation. In 2013 the BGH had come up with the ruling which pronounced recalling

First to use: Re approved!!

January 19, 2017 Biswajit Sarkar - IP Law Firm India Post time: 6:00 am

We have seen many suits being filed in the Court pertaining to infringement and passing off, but this time the in the trade mark history of India the Court has handed down a judgment where mark is arbitrary in nature. The plaintiff, a small company

Don’t google it: Search it on Google

January 14, 2017 Biswajit Sarkar - IP Law Firm India Post time: 9:50 am

Often the big leviathans try to get hold of small fishes in the water and get away easily. Same is true in the keyword policies of the big giants like Amazon, Uber seeking to divert the traffic of the small ones. Recently Flintobox, a Chennai

Jurisdiction in trade mark cases: settling for the unsettled

January 13, 2017 Biswajit Sarkar - IP Law Firm India Post time: 12:31 pm

The jurisdiction under the trade marks law has always been under the clutches of misinterpretation and misuse by various IP owners in India. Though a well settled provision of law governs the scope of jurisdiction under the trade marks Act, 1999, still a torment has

well-known-ness redefined

January 12, 2017 Biswajit Sarkar - IP Law Firm India Post time: 1:02 pm

A win-win situation is on the go with Mother Dairy winning the trade mark infringement battle against unscrupulous trader. The Delhi High Court at the inception of this New Year has startled the Milk industry with its overwhelming decision on the misuse of Mother

New Formula One Edition

December 31, 2016 Biswajit Sarkar - IP Law Firm India Post time: 12:30 pm

In a very recent ruling of the Delhi High Court the trade mark of the Formula One came up with flying colors again. The Court has overruled the ruling of the Advance Authority Ruling (AAR) on the issue of usage of trade marks and logos

Sephora “Drunk Elephant” caught in up a Trademark infringement case

November 29, 2016 Biswajit Sarkar - IP Law Firm India Post time: 11:14 am

A trademark infringement suit has been filed by the Green Heart Labs in US District Court on November 4th, claiming that Drunk Elephant Brand of Sephora (online and in stores) is infringing the mark ‘Aha! Moment’. According to the lawsuit, even after the notice was