TRADEMARKS

The Delhi High Court in a case [1] restrained one Mr. Ashok Kumar from using the trademark ‘HIMALAYA’ or any other identical with and/ or deceptively      similar word/mark/label/device to the Himalaya Drug Company’s trademark/label in relation to their goods. Himalaya argued that it is a wellknown entity, engaged in the manufacture and distribution of Ayurvedic medicaments and preparations, under the name “HIMALAYA”. Several of the Himalaya’ products, such as Liv. 52, Cystone, Bonnisan and Rumalaya Forte, have become well-known household names, and are used by experts and laymen alike, to admirable therapeutic effect. 

Delhi High Court in a case [1] filed by MakeMyTrip, against alleged trademark infringement suit against smaller rival HappyEasyGo (HEG), directed Google to suspend the advertising account of HappyEasyGo on the Google Ads Programme as part of the trademark infringement suit preferred by MakeMyTrip. Further, bailable warrants were also issued against the two directors of HEG, Rajesh Kumar Dathik and Neelam Rani, if they failed to appear for the court’s virtual hearing.

Mondelez International, the maker of Oreo cookies in India has moved before the Delhi High Court against Parle Products. Mondelez International has alleged that Parle has copied its Oreo cookies and that the Indian biscuit maker’s Fabio biscuits are ‘deceptively

similar’ to Oreo cookies. Biscuits and snacks maker Parle Products launched Fabio biscuits in January 2020 in two flavours, while Oreo was launched in India by Mondelez nearly 10 years ago in 2011 marking its foray into the biscuit category in India. The colour scheme of the logo of both biscuits are also similar (white and blue). Oreo is touted to be the largest selling premium cookie brand in the world, which hit $3.1 billion in sales in 2019. In India, Mondelez claims that India is among Oreo’s top-five markets by volume and the fourth largest market for the cookie brand in the world.

copyright

A Bombay court has ordered registration of FIR under sections 406 (criminal breach of trust), 120 (criminal conspiracy) & 34(common intention) of the IPC and sections 51 (copyright infringement) of the Copyright Act, punishable under sections 63 & 63A against Kangana Ranaut, her siblings Rangoli Chandel and Akshat Ranaut, and producer Kamal Kumar Jain after Ashish Kaul, the author of Didda: The Warrior Queen of Kashmir over copyright infringement claim filed by Ashish Kaul who is the former Group Executive Vice President of Zee Network. He has claimed that he is the sole copyright owner of the unique story and the biopic of Didda who was the Princess of Lohar (Poonch), now in Jammu & Kashmir, ‘The Cleopatra of Kashmir’ who ruled for over five decades, directly and indirectly during the 10th and 11th centuries.

 

PATENTS

Dolby has filed a case before the Delhi High Court alleging violation of Standard Essential Patents by Reliance Jio and Reliance Retail. Dolby argued that Reliance claimed that its handsets/devices were compliant with ISO/IEC standards related to the technology in question, despite the absence of any license agreement with Dolby. It was further stated that more than 900 handset and set-top box manufacturers worldwide, including companies like Apple and Microsoft, were using said patented technology under a license agreement from Dolby.

GEOGRAPHICAL INDICATION

The Indian Government has filed applications in 19 countries for the protection of Geographical Indicator and Certification Mark for Basmati rice. It was further stated that Certification Mark for ‘Basmati’ and its logo have been registered in four countries — UK, South Africa, New Zealand and Kenya. 

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