ITC’s ‘Aashirvaad’ Recognised as a well-known trademark By Bombay HC

Judiciary Dec 06, 2018 Editor : Shreya Bansal 1 Shares

The Bombay High Court on December 3, 2018, recognized ITC’s ‘Aashirvaad’ and its trade dress as well-known trademarks.

Also Read - Remdesivir Can’t Be Denied to Covid-19 Patients Admitted in Non-Covid Hospitals: Bombay HC [READ ORDER]

Justice S.J. Kathawalla was hearing the matter pertaining to the trade dress used by ITC for its Atta/Flour products.

ITC submitted before the court that it had conceived the idea of Aashirvaad “honestly and independently” in 2001, and had commissioned McCann-Erickson India Limited to create artwork for the packaging of the flour line.

Also Read - Plea in Bombay High Court Seeks Direction to Use Lockdown Fines to Provide Sanitizer Dispensers inside Buses and at Railways Stations

The artwork was assigned to ITC for legitimate consideration in April 2003, following which the plaintiff applied to protect and safeguard this trademark under the Trade Marks Act, 1999.

Further, ITC informed the court that the company is using the trademark uninterruptedly since the year 2002. On account of this, the plaintiff has goodwill in the market associated with the said trademark and is the common law owner/proprietor of the same.

The court taking into consideration the submissions made by ITC, observed that “The Plaintiff has also zealously protected its trademarks and successfully enforced its rights in the trade mark “AASHIRVAAD” and Aashirvaad Trade Dress over the years.”

The defendant in this case, thus, agreed to discontinue using the impugned trade mark and trade dress. The Directors of the company have undertaken to pay a sum of Rs 10 lakh towards costs/damages in favour of “Tata Memorial Hospital”.

The Court accepted this undertaking and directed for the packaging paraphernalia of the defendants bearing the impugned trademark to be destroyed within a period of two weeks.

Remdesivir Can’t Be Denied to Covid-19 Patients Admitted in Non-Covid Hospitals: Bombay HC [READ ORDER]

Judiciary Apr 20, 2021 Athira Nair ( Editor: Ekta Joshi ) 1 Shares

The Nagpur Bench of the Bombay HC passed relevant directions to handle the city’s crumbling healthcare system, which has resulted to the humongous rise in covid-19 cases, specifically on the non-availability of important anti-viral drugs such as Tocilizumab and Remdesivir, Oxygen supply and Hospital beds.Based on the court’s suggestion, the state has decided to set up an oxygen plant in the city.Rendesivir and TocilizumabAdvocate SP Bhandarkar and other advocates pointed out important...

Read full post

Plea in Bombay High Court Seeks Direction to Use Lockdown Fines to Provide Sanitizer Dispensers inside Buses and at Railways Stations

Sanitizer Dispensers inside Buses and Railways Stations

Judiciary Apr 16, 2021 Shreyas Nair ( Editor: Ekta Joshi ) 4 Shares

A local Non-Governmental Organisation (NGO) has filed a public interest litigation (PIL) in the Bombay High Court, requesting that the BMC and the state have sanitiser dispensing machines in public places such as train stations, bus stops, and slums from the funds raised for breaking lockdown rules.Other cities' sanitation efforts are also included in the petition. Bengaluru, Chennai, Guwahati, Coimbatore, and Raipur have begun using drones to spray disinfectants on polluted surfaces, while...

Read full post