01 January 0001

IPR Amicus: April 2017


Assessing ‘Likelihood of Misrepresentation’ in matters of passing off -

Indian Courts have predominantly applied the test, termed as the ‘Classical Trinity factors’ as set out in the landmark House of Lords decision in Reckitt & Colman Products Ltd v Borden Inc. [1990] 1 All ER 873, to determine whether a defendant was passing off his goods as that of the plaintiff’s. When rival parties have registered the marks and where similarity between the competing marks is not disputed, should likelihood of misrepresentation be presumed? As per a recent judgement of the Bombay High Court merely establishing similarity between competing marks may not automatically satisfy the criteria of establishing ‘likelihood of misrepresentation’


Ratio Decidendi

  • Each component of the design need not be tested for originality and novelty – Bombay High Court
  • Territorial jurisdiction to vest in court of the State where cause of action arises though principal office is in another State – Delhi High Court
  • Use of a word descriptive of services as a trademark can be eligible for IP protection – Delhi High Court
  • Production bible of a TV show without novel elements is not a copyrightable work – Bombay High Court


News Nuggets

  • Madras High Court stays notification on disposal of abandonment of applications/petitions
  • Copyright Board to be merged with IPAB


April, 2017/Issue-69 April, 2017/Issue-69

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