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April 2017

IPR Amicus: February 2017

Article

Trademarks - Well known mark associated solely with the proprietor

Article in this issue of IPR Amicus discusses a recent decision of the Delhi High Court granting permanent injunction in a dispute involving use of mark similar to that of Mother Dairy. The Court in this case was of the view that the two marks were deceptively similar and use of these will lead to a likelihood of confusion in the concerned market and among the relevant consumers. While the Court granted permanent injunction against the defendant, it refused to grant damages in favor of the plaintiff observing that same could not be awarded on the basis of a solitary witness alone

 

Ratio Decidendi

  • Disparagement in advertisements – Relief to be restricted only to gross cases – Delhi High Court
  • High Court where principal/registered office situated has no jurisdiction in case tender floated by branch office and supplies also made to them – Delhi High Court
  • Trademarks – Generic prefix not fatal – Mark not to be split for comparison – Delhi High Court

 

News Nuggets

  • TRIPS amendment allowing greater access to medicine for LDCs in force from 23rd January 2017

 

February, 2017/Issue-67 February, 2017/Issue-67

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