Dear Readers, 

2020 has been an year full of bumps, however, with new challenges, we as a firm have adapted newer and better strategies to serve our clients with paramount dedication, efficiency and effectiveness. The trust shown by our clients in our team has motivated us grow more and serve better during these COVIDIAN times. 

At the outset of 2021 and with a fresher perspective in the New Year, we are looking forward to serve our clients more comprehensively with expansion in our team and practice areas. We aim to develop newer and innovative knowledge content for our readers, covering a plethora of laws. 

We as a firm are committed towards adapting and overcoming the challenging times and providing both cost and time effective solutions to our clients. Our endeavour has always been towards achieving the best for our clients with improvisations, adaptions and implementation with each day passing. 

Change will not come if we wait for some other person or some other time. We are the ones we’ve been waiting for. We are the change that we seek.” —Barack Obama

Wishing all our readers a very joyous and prosperous New Year (2021). 

Regards, 

Team Chambers of Jain and Kumar  

TRADEMARKS

The Delhi High Court in a case[1] restrained M/s the Croma from infringing the wellknown marks of Infiniti Retail Ltd’s (IRL) i.e. CROMA &  and passing off its goods. IRL argued that it owns and durables under the trademarks CROMA

and manages a retail chain through various physical stores as also its website www.croma.com for consumer electronics stylized CROMA      marks including further stated that M/s the Croma has created a website (www.thecroma.in-) for displaying, selling and offering for sale counterfeit consumer electronics goods under the well-known trademark CROMA. The said act not only amounts to infringement of the IRL’s well known mark but also confuses and deceives unwary customers for illegal profits.

The Delhi High Court in a case[1] permanently restrained one Mankaran Bhandari from infringing the trademarks of Freeman Measure i.e. ‘Hi-WIDE’, ‘Hi-16’, ‘Hi-19’, ‘Hi25’, ‘Mi-19’ and ‘CONFLEX’. Freeman Measure stated that it is one of the first measuring tape companies in India with roots going back to 1950 and has since been in the business of supplying high quality tools and products. It further stated that the company presents itself as being the only Indian Company offering a comprehensive range of tapes of various models and designs in steel tape measure, tape rule and fibre glass tape measure. 

The Delhi High Court in a case[1] permanently restrained M/S Taqua Textiles from infringing the Tommy Hilfiger’s (TH) registered well known trademark ‘TOMMY HILFIGER’. TH argue that it adopted the mark ‘TOMMY HILFIGER’ in the year 1985 and in the year 1986, TH was granted the first registration of the trademark ‘TOMMY HILFIGER’ in India. In 1992, TH entered India through a joint venture. Over the years the TH’s registered trademarks in India include ‘TOMMY HILFIGER’, ‘TOMMY’, ‘TOMMY SPORT’, ‘TOMMY GIRL’,  (the Flag Logo). It is pertinent to note that TH has registered these marks under various classes.

Britannia Industries Ltd (Britannia) has filed two cases in the Delhi High Court against its rival ITC Ltd for alleged infringement of its product-packaging trademark. Britannia has alleged that ITC’s packaging for its newly launched Sunfeast Veda Digestive and Sunfeast 5-Seed Digestive biscuits are “deceptively similar” to Britannia’s Nutri Choice Hi-Fibre and Nutri Choice Digestive biscuits’ green packaging. 

COPYRIGHTS

The Delhi High Court has issued summons to Dharma Productions (Dharma),  in a case [1] filed by Indian Singers Rights Association’s (ISRA) for seeking royalty for the commercial exploitation of their performance in “Gunjan Saxena- The Kargil Girl”. The court noted that the term ‘performer’ includes a singer within its sweep and the performers’ right means any visual or acoustic presentation made live by one or more performers. ISRA had claimed that Dharma has commercially utilized performances of three members which were originally part of earlier cinematograph films. ISRA claimed that its members had the copyright in respect of the performers’ rights in ‘Ae Ji O Ji’ from the cinematograph film ‘Ram Lakhan’, ‘Choli Ke Peeche Kya Hai’ from the cinematograph film ‘Khalnayak’ and ‘Saajan ji Gher Aaye’ from the film ‘Kuch Kuch Hota Hai’ and therefore, the tariff should be paid to them.

 GEOGRAPHICAL INDICATION

Nashik has been accorded a GI tag for its wine. It has been stated that the soil and geographical condition of Nashik are unique and therefore, the taste of the wine produced is exclusive to the particular region. Countries such as Canada, UK, US are already clients of the exclusive wine produced in the Nashik region.

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