Irrespective of being big brands
or smaller players, the awareness about protecting
one's intellectual property is on the rise. As
disputes, forages and court litigations rise, this sphere of
law is becoming busier each passing day. While the tug of war
to rightly be conferred with ones rights is on, the case of
Kalpana Sharma v. Personal Care System [2008
(37) PTC 231] is just one such instance amongst the ongoing
many.
The matter at hand deals with
the trademark "PYRAMID VASTU", whereby Kalpana
Sharma, alleged Personal Care System of having infringed her
intellectual property. Claiming to be an inventor and long user
of the same, Sharma placed reliance upon the certificate issued
by the Trademarks Registry. Sharma also averred her
co-plaintiff Pundit R.K. Sharma to be renowned in the fields of
astrology, vastu shastra, gemology etc. Reliance was placed on
books, periodicals, products and
