Trademark

Trademark owners in the food business, they will now have to introduce disclaimers when they use certain terms in their marks, brands or labels, so that consumers are not misled or deceived as to the nature of the products being sold, according to new regulations issued by India’s food regulator....

The business of online marketplaces is set to change. Certain kinds of online marketplaces need to now start disclosing details of the sellers that offer products on their websites, obtain authenticity certificates for the products that are being sold; and enter into agreements with sellers to prevent counterfeits from being offered for sale online. These are some implications of a recent decision of the Delhi High Court, which clarifies certain issues around internet intermediaries that are online marketplaces....

In a recent case before the Bombay High Court, although there appeared to be no infringing sale taking place at the time of the matter being decided, the court found enough indication in the past actions of the defendant company to suggest that infringement was sufficiently likely in the future so as to grant a temporary injunction. This case came up before the Commercial Division of the Bombay High Court (Super-Max Ipr Holdings AG vs Tigaksha Metallics Pvt Ltd....

In a recent decision, the Delhi High Court in Bigtree Entertainment v Brain Seed Sportainment, recently denied the Plaintiffs (www.bookmyshow.com), an interim injunction against the Defendant’s use of the domain bookmysports.com....

Sumathi Chandrashekaran of Obhan Mason looks at the facts, the judgement and the implications of the trademark infringement suit involving the milk cooperative Nandini, that recently came to a close in the Supreme Court. The judgement, which was in favour of ‘Nandhini Delux’, a restaurant, has opened up many issues for the consideration of business owners with regard to resistering and then establishing a trademark....

The Supreme Court recently went into the question of res judicata (i.e., the principle of law which states that an issue already adjudicated by a competent court may not be pursued by the same parties again) in a complex case involving trademarks, assignment and the business of banking. It holds potential interest to those tracking company bankruptcy proceedings, as well as banking regulation and resolution proceedings....