The Latin term ‘Ubi Jus Ibi Remedium’ means; where there is a right there is a remedy. In this context, there is a remedy when there is a breach of a courts order to stop a person from dishonoring the
Ambush marketing is the hottest-trending market strategy used by companies to advertise and promote their brands in covert ways. The concept is more prevalent and popular among sporting events where companies capitalize to advertise themselves on the events, in
The David-Goliath tussle in the trademark world is an unending one. It is a scenario where a big company is suing a small company and most often, the big company is made out to be a trademark bully. Though that might be true, in my opinion, it has more to do with protecting one’s trademark rights keeping in mind the business interests and the losses that the company is likely to incur as a result of such use by a third party. So if the actions of the smaller company are likely to affect the big company, it really isn’t a case of David-Goliath, as much as it is a case of infringement.
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.
When the cricket fever has caught on, in the Indian subcontinent with the ICC T20 World Cup matches providing some nail biting excitement, the Hon’ble Delhi Court has, at the perfect moment, granted an interim injunction restraining several entities mainly appearing to be pubs, cafes and restaurants from airing the ICC T20 World Cup matches without the authorization of Star India Pvt ltd. Star India Pvt Ltd, most likely miffed by infringement of its copyright by several cafes and restaurants, by airing the ICC T20 World Cup 2014, has approached the Delhi High court for relief resulting in the aforementioned order, to start with.
The Plaintiff, Vogueserve International Private Limited, is an Indian company which was engaged in the business of trading of home textiles, home decorative, furnishing and clothing etc. and provide buying services for international buying companies. All four Defendants were employed with Vogueserve until July 2011. When they resigned, they took with them, the client database and other confidential information. In November 2011 they started a new company under the name of “Excel Buying Services” dealing in the same line of business as Vogueserve. They continued to contact Vogueserves clients through their old email id and used the information that they had taken. Vogueserve filed an FIR against the former employees to initiate criminal proceedings and filed a suit with the Court and sought an injunction against Defendants from contacting their former clients in particular “STRAUSS innovations”, “BOLTZE”, “IMPRESSIONEN”, “SCHNEIDER”, and DS PRODUKTE”.
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