TRADEMARK

The Bombay High Court in a case [1] restrained Walmart from selling any products similar to the registered trademark of Parle Agro titled as ‘APPY FIZZ’. Parle Agro argued that the mark, shape of the bottle, colour scheme, label, get up, layout and the entire trade dress of the Walmart’s product is identical to that of Parle Agro’s product which will result in confusion amongst the public. 

The Delhi High Court in a case[2] restrained FDC India from using the registered trademark of FDC Limited. FDC Limited argued that in the year 1950, the mark ‘FDC’ was conceived as an acronym of the Fairdeal Corporation and thereafter filed its first trademark application on 8th July, 196[1]. FDC Limited stated that it has registered the domain name www.fdcindia.com in the year 2000 and got its copyright registrations for the artistic works comprising the mark FDC in the year 2019. The Court ruled that even if FDC Limited is the supplier of the goods whereas the FDC India is in the services of developing franchisees, there would still be a likelihood of confusion between the common consumers.

The Delhi High Court in a case3 restrained Snapdeallucky – Draws.Org.In & Ors from using the registered trademark of Snapdeal Private Limited (SPL) titled as “SNAPDEAL”. SPL argued that rogue websites such as Snapdeallucky – Draws.Org are inter alia degrading the goodwill of its registered trademark by offering fraudulent prize schemes, lotteries and luck draws in a manner which tends to portray that they either emanate from it or are connected with

copyright

The Bombay High Court in a case [1] restrained the television channels i.e. “Maha Movie” and “Manoranjan TV” from broadcasting its films namely “Jung” (1996) and “Kartavya”(1979) without obtaining a license from Zee Entertainment Enterprises Limited (ZEEL). “Maha Movie” and “Manoranjan TV” broadcasted the movies without obtaining prior approval from ZEEL. Upon obtaining data from the Broadcast Audience Research Council (BARC), ZEEL found out that the film “Jung” has been broadcasted thirty-seven times and “Kartavya” thirty two times on “Maha Movie“, and the film “Jung” has been broadcasted forty two times and “Kartavya” nine times, on “Manoranjan  Delhi High Court, in a case [1] held that copyright couldn’t subsist in just an idea, plot or theme. The court dismissed the application for restraining the release of the film “Lootcase”. Earlier, Mr. Vinay Vats claimed that there was a substantial similarity between the plot of film “Lootcase” and a script prepared and registered by him for a film title “Tukkaa Fitt”. 

patents

Amazon technologies (part of Amazon.com) has been granted with a patent for a method of automatically authenticating mobile transactions which include billing and payments, based on the user’s location in correlation with the predetermined proximity of a merchant location. Earlier, Amazon had filed an application for the patent at the Delhi patent office in the year 2012. The Delhi Patent office has now granted the patent vide their order dated 11th August 2020. Amazon’s invention claims to provide a secure, easy to handle, and contactless authorization of mobile-based transactions.

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