Court pulls up petitioner for making false claims
Cattle Remedies (Cattle), registered proprietor of the mark UTEROTONE had filed rectification proceedings before the Intellectual Property Appellate Board (IPAB) for removal of the mark UTROTON in the name of Nishi Gupta (Nishi). IPAB ruled in favour of Cattle, and cancelled Nishi’s registration for UTROTON.
Goodwill is not a depreciating asset
Under the India Income Tax Act, 1961 (IT Act), there are prescribed depreciation rates for different categories of assets, called the ‘block of assets’ – which contain both tangible and intangible assets. The rates are applicable on the written down value (WDV) of the block of assets. As regards intangible assets, the IT Act provides …
Crisis of covid vaccines and role of Patents
India is under the second wave of covid-19 facing a major public health crisis. There is a rush among people from all walks of life to get vaccinated as the Government has opened the vaccination for 18-44 years (until now, vaccination was only being provided to 45 and older). This immediately brought into focus India’s …
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Deception of Greenwashing
Today, the young consumer’s expectations from the brands they buy are beyond good quality products. The millennials globally expect brands to do good in the world. The consumers hope that the brands resonate with their values and care about the environment, produce products responsibly without harming natural resources, and at the same time uplift the …
India remains on USTR 301 watch list
The Office of the United States Trade Representative (USTR) recently released Annual Special 301 report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property rights. As part of this exercise, USTR reviewed more than one hundred trading partners for this year’s Special 301 Report and placed thirty-two (32) of them …
Tanman is not similar to Atmantan
Bombay High Court heard an appeal against the order of the Ad-hoc District Judge-6, Pune, in a trademark infringement and passing off dispute, dismissing the injunction application filed by the Plaintiff. The Plaintiff, Sharmilee Kapur and Ors (SK) filed the suit before the District court against the Defendant, Kiran Bharekar (Kiran) alleging trademark infringement.
Court rejects lack of jurisdiction plea in a quia timet action
A short but interesting point regarding jurisdiction comes up for consideration in the instant dispute between two entities in the healthcare industry. The Plaintiff, Cadila Healthcare Limited (Cadila) filed the passing off action against the Defendants, Uniza Healthcare LLP and another (Uniza) before the Delhi High Court, to safeguard its rights in the mark ZYCLEAR and …
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Contradictory ‘Use claim’ in the Trademark application leads to adverse inference
The trademark AMPA is the bone of contention in the instant dispute between two entities dealing in bicycles. The Plaintiff, Jagmohan Ratra (RATRA) filed the suit before the Delhi High Court against the Defendants, Ampa Cycles Private Limited (ACPL) and another alleging passing off. ACPL has filed application to set aside the injunction granted in favour of …
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Prior use turns the scales in favour of Cremo
Two entities dealing in milk and dairy products vie for rights in the mark/name CREMO before the Punjab & Haryana High Court. The Plaintiff, Cremo S.A., (Cremo S.A), filed the suit before the District Court, Faridabad (Haryana), against the Defendants, Cremo Netureal Milk LLP & another (CNML), alleging passing off. Cremo S.A., a swiss company, …
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ASCI asks influencers to use #ad, #collab, #promo, #sponsored & #partnership for content
According to digital marketing agency AdLift, India’s influencer market is estimated at $75-150 million a year, as compared to the global market of $1.75 billion.