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March 2017

IPR Amicus: January 2017

Article

World famous or not - Trans-border reputation in trade marks

Trans-border reputation as the name suggests means reputation that has spilled over to other jurisdictions wherein there is neither use of the trade mark in question nor is the trade mark registered. The general position in India is that trans-border reputation protects global reputation of the goods that have not even entered the Indian market. Recently, the Delhi High Court held that mere publication in journals, may not prove that the mark was recognized in the domestic jurisdiction and it had to be proved leading evidence that the persons alleged to have infringed the mark had knowledge of the mark.

 

Ratio Decidendi

  • Delhi High Court grants interim injunction against use of mark ‘Aqua’ for mobile phones
  • Trademarks - Permitted user cannot institute an infringement suit – Delhi High Court
  • Liability of an online intermediary arises on actual knowledge and not general awareness – Delhi High Court
  • Design infringement – Defence of lack of novelty and visual appeal can be set up – Delhi High Court

 

News Nuggets

  • UK moves on with Intellectual Property (Unjustified Threats) Bill

 

January, 2017/Issue-66 January, 2017/Issue-66

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