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 […]

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 […]

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, […]

On July 8, 2019, the Hon’ble Delhi High Court issued an interim injunction restraining major e-commerce platforms, including Amazon, Flipkart, HealthKart and Snapdeal, from selling products manufactured by Amway, Modicare and Oriflame that are direct sellers as defined in the Direct Selling Guidelines of 2016.   These guidelines define direct selling as marketing, distribution and sale […]