Recently in Amazon Seller Services Pvt. Ltd. v. Amway India Enterprises Pvt. Ltd. &Ors. FAO(OS) 133/2019 and CM APPL. 32954/2019, while setting aside a Single Judge decision, a two-judge bench addressed key issues concerning e-commerce portals and Direct Selling Entities (“DSE”) such as Amway. Amway India Enterprises Private Limited and other DSEs (“Plaintiffs/Respondents”) had filed...
The commercialization of Internet affects all aspects modern life. Now-a-days video bloggers and social media influencers give online marketing another dimension and hold enough influence to make a substantial impact in making or breaking of a brand name and its value. Such massive societal influence inevitably necessitates that the judiciary is on its toes. A...
On September 27, 2019, after a court-room battle of eight (8) long years, Suneel Darshan, a producer and director in the Indian movie industry, also known for movies like Andaaz and Barsaat, emerged victorious against the Internet giant Google, and its video sharing website Youtube, in a suit for copyright infringement. In M/s Shri Krishna...
Recently the Advocate General (AG) of the European Court of Justice rendered an opinion in the case of Sky Plc & Ors. v. Sky Kick UK Ltd. & Anr, C‑371/18 (hereinafter referred to as the “Sky Case”). It is noteworthy that certain issues in the Sky Case were considered by the Supreme Court of India...
On October 24, 2019, the EU General Court ruled that the popular RUBIK’s Cube toy puzzle does not meet the requirements for registration as a three-dimensional trade mark. The path leading up to the decision was long and dramatic! It all started in 2006 when Simba Toys GmbH & Co. KG (“Simba Toys”), a German...
Recently in Make My Trip (India) Private Limited vs. Make My Travel (India) Private Limited CS(COMM) 889/2018, I.As. 6896/2018 & 8837/2018, the Hon’ble Delhi High Court discussed the ‘doctrine of acquiescence” under the law on trade marks. The Plaintiff, Make My Trip (India) Private Limited, filed a suit against use of the marks MAKE MY...
The advent of Trade Mark Rules in 2017 (“Rules) has seen many positive changes at the Trade Marks Registry (“Registry”). The objective of the Rules was simplification and digitization of the registration process, and it appears that the functioning of the Registry has improved significantly to move in the direction of meeting those objectives. For...
A Legal Proceedings Certificate or LPC is prima facie evidence of any entry made in the Trade Marks Register. As is the case in most countries, intellectual property offices (the Registrar of Trade Marks in case of India) issue a certificate of registration of a trademark. However, as per the rules governing trade mark practice...
Indian trademark law allows for the cancellation of a trademark registration if, for a continuous period of five years and three months from the date on which the mark was entered into the Trade Marks Register, there has been no bona fide use of the trademark for the goods/ services covered by the registration. Courts...
On August 28, 2019 the Hon’ble Delhi High Court, in FaceBook Inc &Anr. v. Surinder Malik &Ors. CM(M) 1263/2019, clarified the scope of intermediary liability insofar as trade mark infringement is concerned. Surinder Malik had filed the suit against four (4) defendants who are alleged to be infringers on the grounds of trade mark infringement,...
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