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Specifics of international private law
Trademark
June 29, 2020

In the recent news, Hindustan Uniliver has taken a massive step towards rebranding of its popular ‘FAIR & LOVELY’ range by dropping the word FAIR from the same. Though the step is being seen in light of the recent global public outrage against racism due to death of George Floyd, the decision towards rebranding is not sudden as the Company also in the year 2019, stopped usage of words such as ‘fair/fairness’, white/whitening and removed before-and-after impressions and shade guides...

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Trademark
June 22, 2020

The Madras High Court settled a long-standing dispute between ITC and Nestle which involved their use of generic and laudatory words to describe their product line of instant noodles. The case was titled as Civil Suit 231 of 2013 and was filed by ITC in the High Court Madras. After an 8 year long battle the court held that the words “Magic Masala” are common to trade and laudatory and nobody can claim monopoly over the words. ITC alleged that...

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Patent, Trademark
June 10, 2020

The tradition of awarding damages to the IP right holder has got a boost as many High Courts have awarded punitive damages in variety of forms apart from monetary compensation. In a recent judgement of Hon’ble Delhi High Court in Reckitt Benckiser (India) Pvt. Ltd Vs. Mohit Petrochemicals Pvt. Ltd. & Anr, the Hon’ble court passed an order awarding damages of Rs. 1,00,000/-, which was asked to be deposited in the Juvenile Justice Fund by the defendant who was selling...

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