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IPR Amicus: April 2014

IPR Amicus brings to readers an article on Indian statutory scenario in respect of prosecution for infringement of trade mark, under the provisions of Prevention of Money Laundering Act or the PMLA. The author notes that compared to punishment for such offence under other laws, the addition of trademark infringement to the list of offences under the PMLA provides for far more serious consequences since the Government can now move to attach property and bank accounts of infringers.

Ratio decidendi column providing summary of important cases includes order of Rajasthan High Court holding that in cases of passing off, the question is no longer of “common field of activity”, but is of “common class of consumers” and trademark should not be confined to particular product. This issue also contains summary of Calcutta High Court order wherein it was held that a holder of a registered design was not entitled to sue another registrant as the remedy of passing off is not available under the Designs Act. Transborder reputation cannot be said to have been established if the mark is not used in India prior to adoption and use of the mark by different company in India according to Intellectual Property Appellate Board (IPAB) and this order is also discussed in this issue of IPR Amicus.

New Nuggets section has summary of two interesting judgments – one by CJEU and another by Calcutta High Court and readers may go through the issue to learn more.

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