DELHI HIGH COURT DELISTS COOKWARE BEING SOLD UNDER THE NAME AMUL
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 28th Oct’22 | CS(COMM) 343/2021
Gujarat Cooperative Milk Marketing Federation Ltd. & Anr. (Plaintiffs) Versus Maruti Metals & Anr. (Defendants)
Dairy brand Amul filed a trademark infringement suit against an e-commerce platform seller, Maruti Metals who were selling cookware under the brand name “Amul”. The Court noted that since “Amul” is a well-known distinctive mark without any etymological meaning, it should be granted utmost protection in the eyes of law. The court further added that “Prima facie, any use of the word ‘Amul’ as a trademark by any other entity may tantamount to infringement”. The Court ordered that all the existing packaging under the mark “AMUL” kept with Maruti Metals, will not be used and shall be destroyed by it.
PEPSICO HANDED A WIN AFTER AN 18-YR-OLD TRADEMARK INFRINGEMENT BATTLE AGAINST MAGFAST
PepsiCo sued Hyderabad-based company MagFast beverages for selling packaged drinking water under the name of “Mountain Dew”. The 18-year-old dispute was put to rest when the council for the petitioner convinced the bench that PepsiCo has been using the word “Mountain Dew” since 1985 and MagFast dishonestly copied their trademark.
MagFast failed to show any substantial evidence of prior use and the case was decided in favor of Pepsico, due to Mountain Dew’s registration since 1985.
DELHI HC HAS RESTRICTED A RAJASTHAN-BASED RESTAURANT FROM USING THE WORD “SADDA PIND”
IN THE HIGH COURT OF DELHI AT NEW DELHI
CS (COMM) 673/2022
JMD HERITAGE LAWNS PRIVATE LIMITED (Plaintiff) versus MR . ANKIT CHAWLA PROPRIETOR SADDA PIND RESTAURANT (Defendant)
CORAM: JUSTICE PRATHIBA M. SINGH
In their recent decision, the Delhi HC has restricted a Rajasthan-based restaurant from using the word “Sadda Pind”, which is a famous tourist destination in Punjab.
JDM Heritage Lawns Private Limited, which owns the ‘Sadda Pind’ mark had approached the Delhi HC with a suit to restrain Ankit Chawla, who is the owner of the restaurant ‘Sadda Pind’ from using this particular mark for his restaurant. ‘The mark ‘Sadda Pind’ and its logo are registered under class 43 since 2015, in the name of JDM Heritage Lawns Private Limited.
The court said that Defendant not only used a similar word mark but has also used a similar logo. Court further mentioned that the photographs of the Plaintiff’s property were being shown in the Defendant’s google listing, which further confirmed the Defendant’s ill intentions.
Shah Rukh Khan’s film Jawan under scrutiny for plagiarism
A case has been filed by a Tamil film producer, Manikam Narayanan along with the members of the Tamil Film Producers Council (TFPC) against Shah Rukh Khan’s upcoming film ‘Jawan’. Narayanan states the movie Jawan is a pure copy of Perarasu released in 2006.
BENGALURU COURT ORDERS BLOCKING TWITTER HANDLES OF CONGRESS PARTY, BHARAT JODO YATRA IN KGF2 INFRINGEMENT SUIT
Bengaluru court has ordered Twitter to block handles of the INC (Indian National Congress) and Bharat Jodo Yatra in a copyright infringement suit filed by MRT Music. MRT Music is the owner of songs from the movie KGF 2 and has alleged that these sound recordings have been illegally used by INC’s and Bharat Jodo Yatra’s Twitter accounts.
The lower court has held that if Congress and its leaders were not restrained from the unauthorized use of songs, it would cause “irreparable injury” to the plaintiff and will also “encourage piracy”. The INC has now moved to the Telangana HC to reverse the decision made by the Bengaluru court regarding the blocking of their Twitter account.
DELAY IN FILING REQUEST FOR EXAMINATION DUE TO NEGLIGENCE OF LEGAL COUNSEL – MADRAS HIGH COURT ORDERS RESTORATION OF THE ABANDONED PATENT APPLICATION
The Madras HC allowed two writ petitions filed in respect of two patent applications that were deemed abandoned by the Indian Patent office due to a delay caused in filing the request for examination. The writs were filed in order to challenge the orders passed by the Deputy Controller of Patents and Designs, which dismissed the applications filed by the applicant since the request for examination was not filed within the prescribed timeline of 48 months.
The report of the Parliamentary Standing Committee and the submissions of the applicant held that the delay was caused due to negligence by the erstwhile Indian counsel and that therefore, such negligence on part of the counsel could not be used to deprive the valuable statutory right of the applicant. The Patent Office was therefore directed to proceed with the examination of the subject patents in accordance with the Patents Act,1970 and the Rules thereunder.
INDIAN ARMY REGISTERS A NEW DESIGN OF THEIR UNIFORM
To establish ownership, the Indian Army has obtained design registration for its new combat uniform. They obtained design registration, so that necessary actions could be taken against those unauthorized manufacturers who are selling fake uniforms. The new pattern was unveiled on Army Day this year in January.