It is now possible for trademark and design infringement to be alleged in a single lawsuit. A five-judge bench of the Delhi High Court reaffirmed this no-brainer last month in Carlsberg Breweries v. Som Distilleries and Breweries (Decision dated 14.12.2018 in CS(COMM) 690/2018). However, the path to this common-sense ruling is rife with five years […]

For any brand owner, the accordance of well-known status to his brand is a “milestone.” The protection afforded to a well-known trade mark goes beyond traditional standards and focuses on protecting the distinctiveness of a trademark as against free riding and defilement. In India, the factors which are to be considered while determining the well-known […]

With the rapid growth in the counterfeiting industry, law has to step in to prevent it. Indian law has approaches to check the importation and exportation of those counterfeit goods that infringe any intellectual property. One such approach is the custom recordation of an intellectual property, the validity of which is five years. All the […]

The Geographical Indications Registry, Chennai, on Wednesday, October 3rd, 2018, issued a Certificate of Registration for “Alphonso”, in respect of Horticulture (mangoes) falling under class 31. The Geographical Indication (“GI”) for Alphonso has been limited to the Konkan region of Maharashtra and comprises of five districts in the Konkan area, namely, (i) Palghar, (ii) Thane […]

Typically, a trademark is conceived to be a static, two-dimensional term or a design, which is used to uniquely identify certain goods or services. However, with the evolution of the digital era, companies strive to make their trademark striking and memorable. This is where fluid trademarks step in. As the name suggests, fluid trademarks, while […]

On June 25, 2018, in a post titled “The Impact of Neuroscience on How Courts in India Typically Address Trademark Disputes”, Ryan Wilson, a senior associate at the firm, argued that under the traditional test of deceptive similarity followed by Indian courts for decades (i.e. perceiving rival marks through the lenses of an average consumer […]

This post discusses the Delhi High Court’s recent orders in matters involving the Christian Louboutin red shoe sole (shown below), and the conundrum that these orders have thrown up.   In December 2017, the Delhi High Court granted an ex parte injunction restraining several third-parties from manufacturing and selling footwear with a red sole. In […]

This post is the second of the two-part series on certification marks in India. The previous post talked about the registration of certification marks in India. This post sheds light on the rights conferred on a proprietor of a certification mark, and the enforceability of such marks in India. A proprietor of a certification mark […]

This post is the first of a two-part series on certification trademarks in India. A certification trademark is “a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of […]