Delhi High Court holds WOODS and WOODLEY to be similar
Is there copying of the dominant portion of the trademark? This short point has come up for consideration in the instant suit between two entities dealing in apparel.
Madras High Court holds ‘Care’ to be generic.
The case note illustrates the inherent difficulty in enforcing rights in a word that is descriptive of services. The Plaintiff, Praba’s V Care Health Clinic Pvt. Ltd (Praba) filed the suit against the Defendant, I-Care Aesthetic Clinic (I-Care), before the Madras High Court alleging trademark infringement, passing off, etc.
ASCI unveils final Guidelines for Influencer Advertising on Digital Media
Influencer marketing globally is estimated to be a $ 1.75 billion industry. The trend is gaining traction in India, with more and more consumers buying goods online. The Advertising Standards Council of India (ASCI) to regulate this activity had issued the draft guidelines in February 2021 seeking feedback from all stakeholders – advertisers, agencies, influencers, …
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Telangana High Court Rules ‘Tasty Drops’ similar to ‘Tasty Gold’
Rights over the mark ‘Tasty Gold’ are being asserted by Sri Tulasi Industries (Tulasi) against Sri Sapthagiri Industries and Ors (SSI) for using the mark ‘Tasty Drops’ for edible oil. At the time of admission, an ex parte interim injunction was granted by the District Court (Mahabubnagar). The injunction was set aside by the District Court after …
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FAQ’s on Advertising Practice in India
What type of complaints are covered under ASCI Code? ASCI adjudicate complaints across all media such as Print, TV, Radio, hoardings, SMS, Email, Internet/ website, product packaging, brochures, promotional material and point of sale material, etc. Who are the members of ASCI? The principal members of ASCI, who are also its sponsors, are firms of …
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 …