Civil Suit Doesn’t Shield Against Criminal Action: Madhya Pradesh High Court In Trademark Case
Written by Ronsiya Roy, Legal Intern, and Verified by Sunil Jose, Managing Attorney, Suns Legal. GOPAL SABU AND OTHERS V. THE STATE OF MADHYA PRADESH AND OTHERS MISC.CRIMINAL CASE No. 43601 of 2022 In a trademark case, the Indore Bench of the Madhya Pradesh High Court ruled that the maintainability of a civil claim does […]
Indian Government Amends Intellectual Property Laws with Jan Vishwas Act, 2023
Written by Ronsiya Roy, Legal Intern, and Verified by Sunil Jose, Managing Attorney, Suns Legal. The Ministry of Commerce and Industry recently published notifications to bring into force the amendments to provisions of Intellectual Property Laws from 1st August 2024. The ‘Jan Vishwas (Amendment of Provisions) Act of 2023’ amended and decriminalized almost 183 provisions […]
Lakhs Of Trademarks Jeopardized As Calcutta HC Held Associate Manager Of Trademark Registry Not Empowered To Pass Quasi-Judicial Orders
Written by Ronsiya Roy, Legal Intern, and Verified by Sunil Jose, Managing Attorney, Suns Legal. VISA INTERNATIONAL LTD. VS VISA INTERNATIONAL SERVICE ASSOCIATION & ANR. 2024 LIVELAW (CAL) 182 The Calcutta High Court’s recent decision will likely lead to the rejection of more than one lakh trademarks registered in the last two years, as the […]
Adidas Trademark Infringement Claim Prevails Over Defendant’s Personal Connection Defense
Written by Ronsiya Roy, Legal Intern, and Verified by Sunil Jose, Managing Attorney, Suns Legal. ADIDAS A G v. KESHAV H TULSIANI & ORS ( CS(COMM) 582/2018, I.A. 14215/2019, I.A. 334/2020) Introduction Many of us buy a product thinking it’s from a reputable brand, only to find out it’s from a local business with a […]
Delhi High Court Rejected L’oreal’s Case to Cancel CLARIWASH Trademark
The Delhi High Court dismissed L’Oreal India’s appeal in respect of the trademark ‘CLARIWASH’ and held that the trademark was not deceptively similar to L’Oreal’s trademarks. The phonetic, visual, and conceptual similarities between the trademarks as well as the facts put forth by both parties were carefully examined by the court before its ruling. The […]
Madras High Court Stay The Re-Release Of The Kamal Hassan-Starrer 1991 Tamil Movie ‘Gunaa’.
GHANSHYAM HEMDEV V PYRAMID AUDIO INDIA PVT LTD AND OTHERS CASE NO: O.A.NO.459 OF 2024 IN CS (COMM DIV) NO. 118 OF 2024 Movie re-releases are increasingly getting into copyright troubles. Recently, the Madras High Court stayed the re-release of the Kamal Hassan-starrer 1991 Tamil movie ‘Gunaa’. Ghanshyam Hemdev, who is into the business of […]
Skincare Brand Clash – Delhi High Court Denies Exclusive Right To Forest Essentials For The Word ‘Forest’.
Written by Anna Maria Joseph, Legal Intern and Verified by Sunil Jose, Managing Attorney, Suns Legal MOUNTAIN VALLEY SPRINGS INDIA PRIVATE LIMITED v. BABY FOREST AYURVEDA PRIVATE LIMITED (FORMERLY KNOWN AS M/S LANDSMILL HEALTHCARE PRIVATE LIMITED) & ORS. CS(COMM) 523/2023 & I.A. 5392/2024 FACTS Mountain Valley Springs India Private Limited, the owner of the brand […]
Delhi HC Ruling In Vans V. Ivans: Well-Known Trademark Status Doesn’t Override Prior Use
Written by Anna Maria Joseph, Legal Intern and Verified by Sunil Jose, Managing Attorney, Suns Legal. M/S VANS INC. USA .V. FCB GARMENT TEX INDIA (P) LTD. AND ANR C.O. (COMM.IPD-TM) 161/2021 & I.A. 15763/2022 The Delhi High Court ruled on May 2nd that Vans Inc. cannot seek cancellation of FCB Garment Tex’s “IVANS” trademark, […]
Delhi High Court Holds “Vigoura” Too Similar To Pfizer’s “Viagra” Trademark
Written by Aathmaja Menon and Sunil Jose of Suns Legal Patent & Trademark Lawyers. Originally published in The Trademark Lawyer Magazine on Jun 6, 2024. (https://trademarklawyermagazine.com/delhi-high-court-holds-vigoura-too-similar-to-pfizers-viagra-trademark/ ) PFIZER PRODUCTS INC. Vs RENOVISION EXPORTS PVT. LTD. AND ANR. CS(COMM) 378/2018 (2024: DHC:3476) In the bustling world of pharmaceuticals, where brand names hold immense value, a fierce […]
A Tattoo Artist’s Triumph Over Copyright: A Jazzed-Up Legal Battle
The case against celebrity tattoo artist Kat Von D is regarded as the first U.S. case which discussed copyright infringement in respect of tattoos. The plaintiff Jeffrey Sedlik, a renowned photographer based in California, United States, captured the photograph of the famous American Jazz artist Miles Davis in 1989. Since then, Sedlik’s picture has become […]