We are pleased to report that ALG has advised and assisted its client, Eicher GoodEarth India Private Limited (EGIPL) in successfully having its trademark and house-mark EICHER declared as a well-known trademark in India and included in the list of well-known trademarks. The mark has been published in the Trademarks Journal under Rule 124 (5) of the Trade Marks Rules, 2017.

The ‘well-known’ declaration further strengthens EGIPL’s rights in the EICHER mark and is a significant milestone in its protection and enforcement. This accomplishment underscores the rigorous and stringent process involved, including thorough scrutiny of evidence supporting EGIPL’s rights and overcoming objections.

Achieving the ‘well-known trademark’ status is a testament to the exceptional reputation and brand recognition of ‘EICHER’ and ALG is delighted to have been a part of EGIPL’s journey in achieving this much deserved recognition. 

Available at: https://www.algindia.com/wp-content/uploads/2024/05/Intellectual-Property-India.pdf

On March 15, 2024, Patents (Amendment) Rules, 2024 came into force in India. These Rules make a notable impact the patents practice and procedure in India. Text of the Rules is available here. ALG’s Practice Update summarising these amendments and their implications on the patents practice and procedures in India is available here.

Recently, ALG represented Ramada International, Inc. (Plaintiff) at the Delhi High Court in a trademark infringement and passing off suit, in which the Court directed the defendant to either deposit ₹5 lakhs with the Court Registry or be detained in civil prison for a week, for having “committed wilful and contumacious disobedience” of the injunction orders passed by the Court.

The Court noted that despite the interim injunction against the Defendants’ use of the mark RAMADA, the defendants continued to use the injuncted marks through new infringing websites and social media posts, resulting in multiple applications being filed against them seeking directions against the breach of injunction.

Source: https://www.livelaw.in/high-court/delhi-high-court/delhi-high-court-ramada-hotel-trademark-infringement-suit-injunction-violation-consequences-236451

The Ministry of Electronics and ITvide notification dated April 6, 2023, issued the amendment to the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The amendment includes provisions for a fact checking unit to verify false information about the government and provisions for allowing and regulating online games played for money. The amendment also provides for due diligence and grievance redressal mechanism for intermediaries.

The notification is accessible here.

A writ petition was filed before the Delhi High Court against the public notices dated February 6, 2023 and March 27, 2023, issued by the Office of CGPDTM regarding the abandonment of certain trademark applications. During the hearing, the CGPDTM undertook to withdraw the aforesaid public notices and revert all such applications to their original status within a period of 10 days from the date of the Court order viz., by April 23, 2023.

Source: http://164.100.60.183/dhcqrydisp_o.asp?pn=116145&yr=2023