LALL & SETHI

Patents

P&G asks judge to stop Kraft from using coffee container
September 15, 2007: Times of India

Procter & Gamble Co. asked a judge to stop Kraft Foods Inc. from continuing to manufacture and distribute its Maxwell House coffee in a plastic container that P&G has alleged infringes on a patent. The motion in U.S. District Court for the Northern District of California in San Francisco follows a lawsuit that P&G filed on Aug. 27 in the same court. In the new motion, P&G charges that its Folgers brand faces irreparable harm from Kraft's continued use of the Maxwell House container and wants the judge to quickly intervene. P&G introduced a plastic container for its Folgers coffee in 2003 that has been used to help grow the Folgers business.  more...
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Ranbaxy loses battle for Lipitor patent in Canada
September 14, 2007: Economic Times

In a setback for Ranbaxy in its global battle over the patent of Lipitor, a Canadian federal court has ruled that the company’s generic drug Atorvastatin infringes upon one of Pfizer’s Lipitor patent. However, the court dismissed Pfizer’s appeal for a prohibition order for another patent of the same drug in Canada.  more...
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Domain Names

Bharti wins the domain dispute
September 16, 2007: Central Chronicle

Ruling in favour of Bharti Airtel, international IPR watchdog WIPO has directed a Saint Kitts-based company to transfer the domain name bhartiairtel.com to the domestic telecom major.  Saint Kitts-based Marketing Total had registered the domain bhartiairtel.com in its name and has been sponsoring links to other websites offering cellular phone services and sale of phones, which were closely related to telecom giant's business. The domain name registered by the respondent is identical or confusingly similar to the trademark or service mark in which complainant (Bharti Airtel) has rights. The respondent has no rights or legitimate interests in respect of the domain name and it has been registered and is being used in bad faith, as per the World Intellectual Property Rights Organisation (WIPO).  more...
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Trademarks

Hilton sees red over catch phrase 'That's hot'
September 08, 2007: Express India

Paris Hilton is suing Hallmark over the use of her picture and catch phrase ‘That's hot’ on a greeting card. Hilton sued Hallmark Cards Inc in US District Court, seeking an injunction and unspecified damages to be determined at trial.  more...
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Delhi HC restrains local co from infringing Coke’s trademark
September 04, 2007: LiveMint

The Delhi High Court has restrained a Jodhpur-based local company from selling its soft drink under the trademark ‘FACTA´ which is similar to global beverages giant Coca-Cola’s trademark ‘FANTA´. Accepting Coke’s contention that this was infringement of its trademark, the court also granted damages of Rs 5 lakh to Coca-Cola. Granting permanent injunction, the High Court said documents on record showed that the style of the both labels were similar and therefore the word FANTA and FACTA were liable to cause deception.  more...
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Trademarks

Only Amul can use 'Amul': Court
September 25, 2007: Times of India

Utterly Butterly Amul’s name cannot be used by any other proprietor even if the company is selling goods other than that sold by the proprietor, who has registered the trademark. In a significant judgment, the Gujarat High Court has ruled that a registered trademark user has the right to restrict others using their trademark for different class or goods. HC’s judgment was in connection with a case where the Kaira District Co-operative Milk Producers’ Union popularly Amul Dairy and the Gujarat Co-operative Milk Marketing Federation (GCMMF) had filed trademark infringement cases against two local shop owners, Amul Chasmaghar and Amul Cut Piece Stores in the district court.  more...
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High Court rules in favour of registered trade mark user
September 24 2007 : News.Oneindia.in

In a landmark judgment, the Gujarat High Court has ruled that a registered trade mark user has the right to restrict others using their trade mark for different products or goods. While upholding the ruling of the Anand District Court, Justice D N Patel ruled recently that he saw no reason to entertain the appeal as the order passed by the trial court is correct, legal and in consonance with the facts of the case as well as in accordance with the provisions of the Trade Marks Act 1999. The High Court has ruled that a registered trade mark is infringed by a person who, not being a registered proprietor or a person using by way of permitted use, uses in the course of trade, a mark which is identical with or similar to the registered trade mark and is used in relation to goods or services, which are not similar to those for which the trade mark is registered.  more...
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Britannia drags Danone to court over Tiger IPR
September 21, 2007: Indian Express

The tussle between Britannia Industries and Danone over intellectual property rights of the Tiger brand of biscuits has finally reached court, with the Indian firm initiating legal action against the French food giant in Singapore. Based on legal advice and under the direction of its IPR committee, Britannia — which is jointly controlled by Nusli Wadia and Danone — has initiated legal action against Groupe Danone in Singapore pertaining to Tiger IPR.  more...
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CFAI loses trademark for CFA course
September 11, 2007: Times of India

The almost decade-old trademark war between Hyderabad-based Institute of Chartered Financial Analyst of India (ICFAI) and the US-based Chartered Financial Analyst Institute (CFAI) has taken a new turn with the trademark registry cancelling the trademark awarded to the CFA course conducted by CFAI. G L Verma, deputy registrar of trademarks, in a recent order said that the trademark issued to CFAI (formerly known as Association of Investment Management and Research) on July 13, 2005 was in contravention of rules and had thus been cancelled. The trademark shall be re-advertised in the Trade Marks journal giving proper opportunity to the general public to file the notice of opposition if any.  more...
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Civil v Criminal Remedies

Deadlines

Domain Registrations

Enforcement of Trade Marks

Salient Features of The Trade Marks Act, 1999

The Patents (Amendment) Bill 2005

Indian Court Grants Punitive Damage for Trade Mark Violation

Supreme Court on Injunctions

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Landmark Supreme Court of India Decision on USE of Trade Marks

TM Act 99 - Well known Trade Marks

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