According to my reading of the case, The Coca-Cola Company v Bisleri International Pvt. Ltd., the plaintiff, the Coca-Cola Company, attempted to register the MAAZA trademark in Turkey, not the defendant Bisleri.
Congratulations ! Nice videos on IPR. I am a law degree holder from DU, (1996-99) and working in a govt department. I do not have any legal experience. Shall be retiring in 4 years. Can I get into the IPR work?... kindly make a video on how retired/ soon retiring person can take up the IPR as a second profession after retirement. Thanks and best regards.
Hiii sir super vedio very nice explanation good good 👍👍👍 plz keep going on ❤ for next semisters also for us thank u so much.. Tomorrow is my exam.. I can write with this examples ❤than u...
If a trademark infringement case is filed in USA for a person resident in India while drop shipping from China to USA. Can it impact Indian Bank Account in terms of fine
Sir agar humara brand purana hai minimum 1975 ka lekin register 2021 ka hai to Jo koi bhi jisne abhi halhi me 6/7 sal me agar hamara trade mark copy Kiya hoga... Register nahi Kiya hai to kya isme mai action le sakta hu.... Register date ke Bina par bhi kuch alag problem create hoga
Sir my Registered trademark is S.R. The other person use of my trademark in same change word like { v }SR in same class. This trademark is unregistered. What can I do?
I guess if not Apple, the trademark registry is going to refuse the registration to any mark named "Apple" for fruits or grocery business, due to the generic nature.
हम एक ट्रेडमार्क रजिस्टर्ड करना चाहते हैं जो की इलेक्ट्रॉनिक्स शेड्यूल 9 मैं आता है जो किसी जानवर के नाम पर है उसे नाम पर पहले से सेनेटरी की आइटम्स आती हैं हमें उसे नाम के आगे प्रो शब्द भी लगा दिया तो क्या हम लीगली सही है क्योंकि जानवर के नाम पर तो कोई भी रजिस्ट्रेशन कर सकता है उसे पर किसी का पेटेंट तो नहीं हो सकता क्योंकि वह जानवर का नाम तो कोई इंटेलेक्चुअल प्रॉपर्टी नहीं है कृपया मार्गदर्शन करें
Trademark Objection : - You are called upon to classify your goods properly as per NICE Classification by filing TM-M with fees because your goods do not fall under class. Please tell me what to do in this case.
sir agar " mati " name registered hai class 25 mey and toh mai kya "matione" registerd karwa sakta hu same classs mey plz help me sir plz write reasion also.
Ek company hai '3m' karke aour humne ek trademark banaye hai '3mclass' karke par o bol rahe hai ki humne unka 3m use kiye hai par mera services and logo sabkuchh alag hai to kiya humlogo ko kiya karn chahiye , please suggest
Dear Student, Thank you for Watching our video. Refering to your question, Yes you can file a cse against then under Trademark Act. Keep following us to learn more about IPR and other things related to it.
Sir For example- if one hospital registered as "sky hospital" and another one has opened as "sky multispeciality and maternity hospital". In this case will the second one fall into trademark infringement. ? Pls reply
I'm just an student of law but not an expert and thus answering this based on my research as I'm interested in trademark law. In this scenario, the second hospital, "Sky Multi-Speciality and Maternity Hospital," may potentially infringe on the trademark rights of the first hospital, "Sky Hospital," depending on various factors. *Arguments for trademark infringement:* 1. *Similarity of marks*: The second hospital's name includes the identical word "Sky," which is also the trademarked name of the first hospital. 2. *Similarity of services*: Both hospitals offer medical services, which could lead to confusion among patients. 3. *Likelihood of confusion*: The addition of "Multi-Speciality and Maternity" might not be sufficient to distinguish the second hospital's services from those of the first hospital. *Case law supporting trademark infringement:* 1. *Rayban Sun Optics (India) Ltd. v. Jai Kumar Mukund Lal* (2007): The Delhi High Court held that the use of a similar mark for similar goods/services can cause confusion and amounts to trademark infringement. 2. *Coca-Cola Co. v. Snowcrest Beverages Ltd.* (2001): The Supreme Court of India ruled that the use of a similar mark for similar goods can lead to deception and confusion, constituting trademark infringement. *Arguments against trademark infringement:* 1. *Distinctive suffix*: The second hospital's name includes a distinctive suffix, "Multi-Speciality and Maternity," which might distinguish its services from those of the first hospital. 2. *No intention to deceive*: If the second hospital can prove that it did not intend to deceive or pass off its services as those of the first hospital, it might avoid infringement claims. *Case law against trademark infringement:* 1. *Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories* (1965): The Supreme Court of India held that the use of a similar mark with a distinctive suffix or prefix might not amount to trademark infringement if it does not cause confusion. 2. *Rotary Club of Mumbai v. Rotary Club of Bombay* (2011): The Bombay High Court ruled that the use of a similar name with a distinctive suffix did not infringe on the trademark rights of the plaintiff. In conclusion, the second hospital's name, "Sky Multi-Speciality and Maternity Hospital," might potentially infringe on the trademark rights of the first hospital, "Sky Hospital," depending on the specific circumstances and the court's interpretation of the case.
@@bhayanak_kaka thankyou for the detail explanation.. 1 query, suppose if this case is going on .. and second hospital changes the title completely during court hearings, would it affect the judgement? And what are possible consequences...?
According to my reading of the case, The Coca-Cola Company v Bisleri International Pvt. Ltd., the plaintiff, the Coca-Cola Company, attempted to register the MAAZA trademark in Turkey, not the defendant Bisleri.
बहेतरीन मार्गदर्सन मिला । एक एक बात की सटीक जानकारी दी ।
Sir kya yah name Sahi rahega
Like weliance and wizee please reply
Very nice and informative
Nice work Sirji
Congratulations ! Nice videos on IPR. I am a law degree holder from DU, (1996-99) and working in a govt department. I do not have any legal experience. Shall be retiring in 4 years. Can I get into the IPR work?... kindly make a video on how retired/ soon retiring person can take up the IPR as a second profession after retirement. Thanks and best regards.
Hello sir amor vs ivor is name par case ho sakta hai
Sirji i want to join your law seekho sir want to know timings of ur online classes
Sir hearing key kitney dinn baad tkk accepted kaa registered ka status aata haj.??
Sahi laga, u will get to top ,
Very well done paji
Hiii sir super vedio very nice explanation good good 👍👍👍 plz keep going on ❤ for next semisters also for us thank u so much.. Tomorrow is my exam.. I can write with this examples ❤than u...
Sir kisan ya pehalwan lafaz k right milta hai trademark ma
If a trademark infringement case is filed in USA for a person resident in India while drop shipping from China to USA. Can it impact Indian Bank Account in terms of fine
Excellent information sir
Dear Student, Thank you for Watching our video. Keep following us to learn more about IPR and other things related to it.
Thanks it is helpful for law students. 👍
What is lebel trademark
Plz make video on case relating toPat ent in cyber law
Hello sir.
I m from Bangladesh.I want to learn legal drafting and peralegal work for freelancing.can I contact you please
Supermarket ko konsi class me registration karvaye
Sir then why Indigo Airlines is not filing case on Indigo Paints?
Indigo is a colour name brother….they had not invented this name
Thank u
@@RvGamingRules what about apple 🤔
@@justchill551 I didn’t understood your question brother ? Can you elaborate it?
Just chill..as also told..apple can't unless it's mobile domain
yes sir i enjoyed lot, very informative video
Hi sir super vedio very nice explanation..... good
Sir agar humara brand purana hai minimum 1975 ka lekin register 2021 ka hai to Jo koi bhi jisne abhi halhi me 6/7 sal me agar hamara trade mark copy Kiya hoga... Register nahi Kiya hai to kya isme mai action le sakta hu.... Register date ke Bina par bhi kuch alag problem create hoga
Sir my Registered trademark is S.R. The other person use of my trademark in same change word like { v }SR in same class. This trademark is unregistered. What can I do?
You can take legal action against them and file an opposition against them
I guess if not Apple, the trademark registry is going to refuse the registration to any mark named "Apple" for fruits or grocery business, due to the generic nature.
Dear Student, Thank you for Watching our video. Keep following us to learn more about IPR and other things related to it.
Thank you!
What is registreuser ?
Mast sikhaya
Hello sir, how to lodge complain if any one take same trademark name which was already my client has ragistered in 2016.
I need help with trademark. How can I contact you.
हम एक ट्रेडमार्क रजिस्टर्ड करना चाहते हैं जो की इलेक्ट्रॉनिक्स शेड्यूल 9 मैं आता है जो किसी जानवर के नाम पर है उसे नाम पर पहले से सेनेटरी की आइटम्स आती हैं हमें उसे नाम के आगे प्रो शब्द भी लगा दिया तो क्या हम लीगली सही है क्योंकि जानवर के नाम पर तो कोई भी रजिस्ट्रेशन कर सकता है उसे पर किसी का पेटेंट तो नहीं हो सकता क्योंकि वह जानवर का नाम तो कोई इंटेलेक्चुअल प्रॉपर्टी नहीं है कृपया मार्गदर्शन करें
शानदार काके
Trademark Objection : - You are called upon to classify your goods properly as per NICE Classification by filing TM-M with fees because your goods do not fall under class. Please tell me what to do in this case.
Patent case snehalatta gupte vs union of india par video banaye
Nice video sir ji
if there are same owners of two company then it is important to transfer the trademark.
sir agar " mati " name registered hai class 25 mey and toh mai kya "matione" registerd karwa sakta hu same classs mey plz help me sir plz write reasion also.
Yes, you can
objetion aayega section 11 name matching
Sir maine Govt. expire domain per education website banaya huu or disclaimer bhi diya huu, baad mee koi dikat hosakta hee ya nahi?
Nice
Sir phone pe passing off ke behalf per case kiya jo ki unka right h toh decision unke favour m kyu ni aya
Best Information
Sir please do "Durga Dutt v. Navratrna Laboratories, 1965, SC"
Ek company hai '3m' karke aour humne ek trademark banaye hai '3mclass' karke par o bol rahe hai ki humne unka 3m use kiye hai par mera services and logo sabkuchh alag hai to kiya humlogo ko kiya karn chahiye , please suggest
Dear Student, Thank you for Watching our video. Refering to your question, Yes you can file a cse against then under Trademark Act. Keep following us to learn more about IPR and other things related to it.
Actually their claim is right
Take some more case laws
Current cases dicscuss
Nice sir ji
Very nice
enjoyed the video 😅
Sir For example- if one hospital registered as "sky hospital" and another one has opened as "sky multispeciality and maternity hospital".
In this case will the second one fall into trademark infringement. ? Pls reply
I'm just an student of law but not an expert and thus answering this based on my research as I'm interested in trademark law.
In this scenario, the second hospital, "Sky Multi-Speciality and Maternity Hospital," may potentially infringe on the trademark rights of the first hospital, "Sky Hospital," depending on various factors.
*Arguments for trademark infringement:*
1. *Similarity of marks*: The second hospital's name includes the identical word "Sky," which is also the trademarked name of the first hospital.
2. *Similarity of services*: Both hospitals offer medical services, which could lead to confusion among patients.
3. *Likelihood of confusion*: The addition of "Multi-Speciality and Maternity" might not be sufficient to distinguish the second hospital's services from those of the first hospital.
*Case law supporting trademark infringement:*
1. *Rayban Sun Optics (India) Ltd. v. Jai Kumar Mukund Lal* (2007): The Delhi High Court held that the use of a similar mark for similar goods/services can cause confusion and amounts to trademark infringement.
2. *Coca-Cola Co. v. Snowcrest Beverages Ltd.* (2001): The Supreme Court of India ruled that the use of a similar mark for similar goods can lead to deception and confusion, constituting trademark infringement.
*Arguments against trademark infringement:*
1. *Distinctive suffix*: The second hospital's name includes a distinctive suffix, "Multi-Speciality and Maternity," which might distinguish its services from those of the first hospital.
2. *No intention to deceive*: If the second hospital can prove that it did not intend to deceive or pass off its services as those of the first hospital, it might avoid infringement claims.
*Case law against trademark infringement:*
1. *Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories* (1965): The Supreme Court of India held that the use of a similar mark with a distinctive suffix or prefix might not amount to trademark infringement if it does not cause confusion.
2. *Rotary Club of Mumbai v. Rotary Club of Bombay* (2011): The Bombay High Court ruled that the use of a similar name with a distinctive suffix did not infringe on the trademark rights of the plaintiff.
In conclusion, the second hospital's name, "Sky Multi-Speciality and Maternity Hospital," might potentially infringe on the trademark rights of the first hospital, "Sky Hospital," depending on the specific circumstances and the court's interpretation of the case.
@@bhayanak_kaka thankyou for the detail explanation.. 1 query, suppose if this case is going on .. and second hospital changes the title completely during court hearings, would it affect the judgement? And what are possible consequences...?
Sir,
If we don't have funds for the penalty then what will do ?
Get bankrupt
Thanks a lot sir
Mast video
Thanks sir
Tq sir
China company copy krta h uska kya.
Nice info
Dear Student, Thank you for Watching our video. Keep following us to learn more about IPR and other things related to it.
❤❤ super sir
copyright infringement
Hi
👍👍👍
Sir aapka contact number mil sakta he
Kindly share your email add.
Nice
Nice