Thursday, 30 June 2022

Recent landmark judgements on IP

 Recent landmark judgements on Intellectual property.

In the case of , Bajaj Electricals limited v. Gourav Bajaj & Anr.

Bajaj has various business set up across globe . It is a well-known brand and has goodwill. One of it’s business being bajaj electricals is also known for its durability and reliability of products . 

The plaintiff worked in Bajaj and also owned a store of Bajaj electricals and filed an application seeking for interim injunction against the defendant .

The defendant was accused of infringing certain rights of the company.

The defandant was not in any way related to the company and had open an business electrical store named “ Apna bajaj store & Bajaj excellent “ , he even had website under the name bajaj along with the logo of bajaj .

The plaintiff also raised a point against defendant and stated that Bajaj logo has been used registered under trademark .It is a well-known trademark and cannot be used unintentionally . The defendant has malicious intention to earn profit by using the name and logo and also depict it to thee public that the store is related to Bajaj company.

The court passed an interim injunction against the defendant as no one appeared on behalf of defendant.

Marico Limited v. Abhijeet Bhansali 

Defendant is a YouTuber and in one of his videos made derogatory statement about the parachute coconut oil 

Parachute coconut oil is a product that has gained goodwill and has captured a huge market . It is a well-known product among people of the country and thus got exasperated by the derogatory statements made by the defendant in his video

Plaintive accused the defendant of infringing their trademark right by using the name parachute in video 

Thus they filed an application for injunction against defendant In the Bombay High Court

The court held that the defendant didn’t seek any permission or authorisation before using their name in the video and thus was guilty of infringing trademark of the Plaintiff.

An interim injunction was passed against the Defendant and was even ordered to take down the video.

International Society for Krishna Consciousness (ISKCON) vs. Iskcon Apparel Pvt. Ltd & Ors.

ISKCON is well known temple around the country . 

Defendant was accused of infringing the trademark as defendant sold garments to the public under the name ISKCON and by doing this defendant is trying to put down a message that he is related to ISKCON as they have a well-known trademark.

The court Held that as the plaintiff has a well known trademark ,defendant has infringed the trademark rights and also ordered the defendant to strictly refrain from using the Plaintiff’s mark.

In this case the defendant filed an application for permanent injunction against the defendant, Mr Suresh Kumar Sharma.

Plaintive has a well-known trademark , defendant was selling T-shirts under the name Lacoste Which amounts to infringement of trademark passing off his trademark

It was held by the court that defendant cannot sell T-shirts under the label Lacoste

The court ordered permanent injunction against the defendant.

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