LEGAL IMPACT OF EVADING TRADEMARK COURT PROCEEDINGS: ANALYSIS OF THE YAHOO! INC. CASE
For more intellectual property updates, follow our WHATSAPP CHANNEL and SUNS LEGAL | LinkedIn Written by Aashlin Maria Alex, Legal intern and verified by Sunil Jose, Managing Attorney, Suns Legal. Yahoo Inc. v. Omkar Cottage Industries, 2024 SCC OnLine Del 7404 In a recent case filed by Yahoo! Inc. (“plaintiff”) against Omkar Cottage Industries (“defendant”) […]
BOMBAY HIGH COURT ALLOWS COMBINING INFRINGEMENT AND PASSING OFF CLAIMS UNDER CLAUSE XIV OF LETTERS PATENT
For more intellectual property updates follow our WHATSAPP CHANNEL and SUNS LEGAL | LinkedIn Written by Keerthana M, Lawyer and Verified by Sunil Jose, Managing Attorney, Suns Legal. BAJAJ ELECTRICALS LIMITED V. ELECTRONICS MART INDIA LIMITED & ORS. COMMERCIAL IPR SUIT NO. 178 OF 2022 It hasn’t been long since the IPC and CrPC have […]
BOMBAY HIGH COURT GRANTS INTERIM RELIEF TO CEAT IN DISPARAGEMENT CASE AGAINST APOLLO TYRES
For more intellectual property updates follow our WHATSAPP CHANNEL and SUNS LEGAL | LinkedIn Written by Keerthana M, Legal Intern, and Verified by Sunil Jose, Managing Attorney, Suns Legal. CEAT LIMITED V. APOLLO TYRES LTD. COM IPR SUIT (L) NO.28069 OF 2024 Persuasive messaging and enhanced visual stimuli are key traits of Video Commercial (VC) […]
TELANGANA HIGH COURT: TRADEMARK INFRINGEMENT SUITS CAN BYPASS PRE-INSTITUTION MEDIATION FOR URGENT RELIEF
For more intellectual property updates follow our WHATSAPP CHANNEL and SUNS LEGAL | LinkedIn Written by Ronsiya Roy, Legal Intern, and Verified by Sunil Jose, Managing Attorney, Suns Legal KOHINOOR SEED FIELDS INDIA PVT. LTD. V. VEDA SEED SCIENCES PVT. AND ANOTHER C.R.P. NO. 2297 OF 2024 The Telangana High Court has held that a […]
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 […]
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 […]