Posts Tagged "high court"

Tag Lines – Catchy Yet Elusive As A Trademark?

Just as the image says, I would like to get to the point. But is certainly not that easy! One of the most interesting debatable matters, atleast as far as India is concerned, is the validity of tag lines as trademarks.

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Usage Of Trademark In India– Literal or More To iT?

In my previous article about trademarks, one of the important pointers I had mentioned was about “use” of the mark. Considering that usage of trademark plays a pivotal role in trademark disputes, almost a decider in cases, it is important to explore it. So what is usage in India? How have the Indian courts and tribunals interpreted usage? Do the marks certainly have to be used in India to prove usage? Let’s explore!

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Yet another trademark triumph for Pepsico’s Aquafina

Pepsico India Holdings Pvt Ltd has won yet another trademark battle, this time in respect of its mineral water brand “Aquafina.” The Delhi High Court, in a recent judgement, upholding the submissions of Pepsico, has restrained the defendant Aqua Mineral (India) from using the trademark “Aquafine” for infringement of Pepsico’s trademark rights in the mark “Aquafina.” Pepsico has naturally banked upon the well-known status attained by the mark “Aquafina,” not to mention its (alleged) long term usage since 1999 and registrations obtained for the mark. Consequently, the Delhi High Court has granted a permanent injunction restraining use of the mark “Aquafine” apart from awarding damages to the tune of Rs. 5 Lakhs.

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