Trademark Rules

Bombay HC temporarily restrains Pune eatery from using 'Burger King' name

The Bombay High Court on Monday in an interim order restrained a Pune-based eatery from using the name 'Burger King' until a trademark infringement plea by the US giant Burger King Corporation is heard and disposed of. The company in August filed an appeal in the high court, challenging an order passed by a Pune court the same month dismissing its suit alleging trademark infringement against the namesake eatery. The Burger King Corporation had also filed an application in the HC, seeking an interim injunction against the Pune eatery owners -Anahita Irani and Shapoor Irani - from using the name 'Burger King' pending hearing and final disposal of its appeal. The HC in August extended the ad-interim order granted by the Pune court in January 2012 restraining the eatery from using the name 'Burger King'. The HC had then started hearing the company's interim application seeking interim injunction against the Pune-based eatery pending final hearing of its appeal. A division bench of ...

Delhi HC asks Swiggy, Zomato to delist 13 eateries using Domino's trademark

Domino's initiated a lawsuit for trademark infringement against 13 restaurants operating names such as 'Dominic Pizza', 'and Dominek's Pizza', among others

Viagra trademark exclusive property of Pfizer, rules Delhi High Court

Delhi HC has ordered Renovision Exports to pay Pfizer Rs 3 lakh and issued a permanent injunction preventing the marketing of homoeopathic medicine under the 'VIGOURA' mark

Google vs MakeMyTrip trademark case: A curious case of 'confusion'

The order has opened up a new debate on trademark infringement in the digital realm, revolving around whether it can create confusion among users

Google can't claim safe harbour if uses trademarks as keywords in Ads: HC

Use of trademarks as keywords by Google in its Ads Programme does amount to "use" under the intellectual property law and, in case of infringement, it cannot claim benefit of "safe harbour" from liability under the law, the Delhi High Court has said. The court's observations came on an appeal by Google against the order of a single judge bench on a lawsuit by Agarwal Packers and Movers Ltd alleging that the use of its trademark and its variations as keywords on Ads Programme resulted in the diversion of traffic from the website of the plaintiff to that of the advertiser. A bench headed by Justice Vibhu Bakhru said prima facie, Google is an "active participant" in use of the trademarks of proprietors and it was difficult to accept that the search engine would be exempted under Section 79 of the Information Technology (IT) Act from the liability of infringement of trademarks by its use of the trademarks as keywords in the Ads Programme. "Google is not a passive intermediary but runs a

Delhi HC halts release of Tamil movie 'Ajinomoto' over trademark

Dispute arose when Japanese company came across statements made by movie's director

Copycat threat to goodwill, trademark of legacy brands increasing

Small businesses violate trademark laws with deceptively similar brand names which not only confuses consumers, but also leads to production of fake goods resulting in huge losses to corporates

Delhi HC restrains Dominick Pizza from copying Domino's brand name

Domino's had sought the protection of its mark 'Domino's Pizza', its device mark, and logo

Apple likely to go for 'Reality' trademarks prior to AR headset launch

Tech giant Apple may use 'Reality' in the name and branding of its long-rumoured mixed reality headset, according to trademark applications

Facebook vs Facebake is only the latest in a series of trademark wars

IPR laws in India and the challenge of staying ahead of violators

New Trademark Rules: 5 things that have changed

Changes have been made in ease of doing business, Slashing of prices, Digital Drive, more