TRIPS Compliance

Starbucks Corporation v. Star Bucks Café & Anr.

Delhi High Court | CS(COMM) 564/2022 & I.A. 12961/2022 Summons issued: 22 August 2022 | Final Order: 30 November 2022 Judge: Justice Amit Bansal Citation: CS(COMM) 564/2022 (Delhi High Court IPD) Background Starbucks Corporation is a company incorporated under the laws of the State of Washington in the United States of America. Its predecessor opened

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Trademark Infringement under Section 29 – A Complete Analysis

Trademark law exists to protect two distinct but related interests simultaneously. It protects the proprietor of a registered mark against the unauthorized use of that mark by others who would free-ride on the reputation and goodwill that the proprietor has built. And it protects consumers against confusion – against the risk that they will be

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Super Cassetes Industries Ltd. vs Myspace Inc. & Another

High Court of Delhi at New Delhi | Decided: 29 July 2011 IA No. 15781/2008 & IA No. 3085/2009 in CS (OS) No. 2682/2008 Bench: Hon’ble Mr. Justice Manmohan Singh Citation: 2011 (48) PTC 49 (Del) Background Super Cassettes Industries Limited, popularly known as T-Series, is one of India’s largest music labels and film production

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Marico Limited v. Agro Tech Foods Limited

Delhi High Court (Division Bench) | FAO(OS) No. 352/2010 Decided on 1 November 2010 Bench: Justice Sanjay Kishan Kaul and Justice Valmiki J. Mehta Background Marico Limited was the registered proprietor of the trademarks “LOSORB” and “LO-SORB” in Class 29 covering edible oils and allied products. The registrations were effective from 28 May 2001 and

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Trademark Rectification Proceedings – Sections 57 to 60 of the Trade Marks Act, 1999

The Register of Trade Marks is not an immutable document. While registration confers significant legal presumptions in favour of the proprietor and is treated as prima facie evidence of validity under Section 31 of the Trade Marks Act, 1999, the register is not beyond challenge. Marks may find their way onto the register through error,

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Penguin Books Ltd. v. India Book Distributors & Ors.

Delhi High Court (Division Bench) | AIR 1985 Delhi 29 | 1 August 1984 | Avadh Behari Rohatgi, J. Background Penguin Books Ltd. of England, the plaintiff-appellant, is one of the world’s most recognized publishing houses. It held territorially exclusive licenses and assignments of copyright in 23 titles for the Indian market – including celebrated

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