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Dishonest adoption of a well-known trademark for dissimilar goods and services - A ground of infringement
By Anoop Verma
The Delhi High Court recently granted an ad-interim injunction to the plaintiff and restrained the defendants, from using the mark “DMW” or any other mark which is identical or deceptively similar to the plaintiff’s “BMW” trademarks. Analysing the said decision elaborately, the article in this issue of IPR Amicus states that a well-known trademark is protected under the Trade Marks Act, 1999 even against the use for dissimilar/disparate goods and services offered by other parties. According to the author, the same can also be evidenced from the decision of the present case, wherein, the High Court held that mere dishonest adoption of a well-known trademark used for dissimilar goods and services is a valid ground of infringement...
Ratio decidendi
Trademark protection when mark used in different class – ‘Reputation in India’ and ‘due cause’ – Madras High Court
Computer program – Invention must be examined as whole, considering technical effect achieved and its technical contribution – Intellectual Property Appellate Board
Copyrights – No cause of action based on trailer of film which was never released – Delhi High Court
Patents on divisional applications when cannot be refused – Intellectual Property Appellate Board
Trademarks – Effect of multiple registrations outside India – Intellectual Property Appellate Board
News Nuggets
Online platform operators whether at present liable in EU for illegal uploading of protected works
“Tigha” and “Taiga” – CJEU upholds General Court’s finding of non-registrability of later mark “Tigha”
Blocking of websites violating copyrights – Directions to ISPs, DOT and MEITY
