Bombay High Court | October 10, 1995 | Appeal from Order Nos. 1152, 1153 & 1154 of 1994 AIR 1996 Bom 149 Background The Kirloskar Group of Companies is one of India’s most storied industrial conglomerates, tracing its origins to 1888 when Laxmanrao Kashinath Kirloskar began a bicycle repair business in Belgaum. By 1920, the […]
Kirloskar Diesel Recon Pvt. Ltd. & Ors. vs. Kirloskar Proprietary Ltd. & Ors. Read More »
A trademark application in India does not receive registration as a matter of course. Before a mark enters the Register of Trade Marks and the statutory rights of an exclusive proprietor crystallize, the application must pass through a rigorous examination process administered by the Trade Marks Registry. That examination is governed by two distinct categories
Absolute Grounds for Refusal under Section 9 of the Trade Marks Act, 1999 Read More »
The internet has fundamentally altered the economics and architecture of creative expression. Content that once required physical manufacture, distribution and retail can now be reproduced, transmitted and accessed globally within seconds, at virtually no cost. This transformation has been a gift to creators and audiences alike – but it has also made large scale copyright
A trademark is among the most commercially significant assets a business can possess. It is the sign by which consumers identify the source of goods or services, the vessel that carries a brand’s reputation and the legal instrument through which that reputation is defended. In India, the law governing the registration and protection of trademarks
Trademark Registration – The Complete Procedure under the Trade Marks Act, 1999 Read More »
Bombay High Court | Notice of Motion No. 2847 of 2010 | 14 October 2010 | Smt. Roshan Dalvi, J. Background Twentieth Century Fox Film Corporation, the plaintiff, held copyright in the script and screenplay of its 2002 Hollywood film Phone Booth. The copyright was originally authored by Larry Cohen and assigned to the plaintiff
Twentieth Century Fox Film Corporation v. Sohail Maklai Entertainment Pvt. Ltd. & Anr. Read More »
Supreme Court of India | September 8, 1969 | Civil Appeal No. 1274 of 1966 V. Ramaswami & J.C. Shah, JJ. Background Ruston & Hornsby Ltd., a company incorporated in England with its registered office at Lincoln, is engaged in the manufacture and sale of diesel internal combustion engines and their parts. Its Indian subsidiary,
Ruston & Hornsby Ltd. v. The Zamindara Engineering Co. Read More »
O.S. No. 3 of 1999, decided on 17 May 2010 (Kerala High Court) Background Low Heat Driers Pvt. Ltd., a company incorporated in 1987 and engaged in manufacturing drying equipment for agricultural produce, claimed to have developed a novel device for smoke drying of agricultural products, particularly ribbed rubber sheets. The invention was attributed to
Supreme Court of India | May 18, 2007 | Civil Appeal No. 2756 of 2007 B.P. Singh & Harjit Singh Bedi, JJ. Background The trademark “Glucon-D” was originally registered in India in 1975 in the name of Glaxo Laboratories (Class 30 under the Trade and Merchandise Marks Act, 1958), though Glaxo had been using the
Supreme Court of India | Civil Appeal No. 6718 of 2013 | Decided: 2 June 2014 Bench: Justice Jagdish Singh Khehar & Justice A.K. Patnaik Citation: AIR 2014 SC 2210 | (2014) 15 SCC 360 Background Dr. Aloys Wobben, a German scientist-engineer and one of the world’s largest manufacturers of wind turbines, held approximately 2,700
Dr. Aloys Wobben & Another v. Yogesh Mehra & Others Read More »
Kerala High Court | Sukumaran J. | 7 December 1987 AIR 1989 Kerala 49 | (1988) 1 Ker LT 433 Background V.T. Thomas – popularly known as “Toms” – is the celebrated cartoonist who created the beloved characters Boban and Molly, a cartoon series featuring a mischievous child duo along with their family, which was
V.T. Thomas & Ors. v. Malayala Manorama Co. Ltd. Read More »