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The Delhi High Court on Friday directed a journalist not to host an award event in the name of "Ratan Tata National Icon Award" or use "Tata" and "Tata Trusts" trademarks. Justice Mini Pushkarna passed the order after one Rajat Srivastava, founder of Delhi Today Group, agreed not to use Ratan Tata's name and refrain from proceeding with the award event under Ratan Tata's name. "This court notes that Tata is a well-known mark. Late Mr Ratan Tata is a well known figure. His name itself is liable to be protected," it said. The court asked the defendant, Srivastava, to give an undertaking and posted the matter on February 12 for compliance. The court was hearing a suit filed by Sir Ratan Tata Trust and Tata Sons Pvt Ltd seeking to injunct and restrain the defendants from unauthorisedly using the plaintiffs' registered trademarks Tata and Tata Trusts. They have also sought damages of over Rs 2 crore for allegedly causing harm to their reputation and goodwill. The court also said the .
The Bombay High Court on Monday in an interim order restrained a Pune-based eatery from using the name 'Burger King' until a trademark infringement plea by the US giant Burger King Corporation is heard and disposed of. The company in August filed an appeal in the high court, challenging an order passed by a Pune court the same month dismissing its suit alleging trademark infringement against the namesake eatery. The Burger King Corporation had also filed an application in the HC, seeking an interim injunction against the Pune eatery owners -Anahita Irani and Shapoor Irani - from using the name 'Burger King' pending hearing and final disposal of its appeal. The HC in August extended the ad-interim order granted by the Pune court in January 2012 restraining the eatery from using the name 'Burger King'. The HC had then started hearing the company's interim application seeking interim injunction against the Pune-based eatery pending final hearing of its appeal. A division bench of ...
Use of trademarks as keywords by Google in its Ads Programme does amount to "use" under the intellectual property law and, in case of infringement, it cannot claim benefit of "safe harbour" from liability under the law, the Delhi High Court has said. The court's observations came on an appeal by Google against the order of a single judge bench on a lawsuit by Agarwal Packers and Movers Ltd alleging that the use of its trademark and its variations as keywords on Ads Programme resulted in the diversion of traffic from the website of the plaintiff to that of the advertiser. A bench headed by Justice Vibhu Bakhru said prima facie, Google is an "active participant" in use of the trademarks of proprietors and it was difficult to accept that the search engine would be exempted under Section 79 of the Information Technology (IT) Act from the liability of infringement of trademarks by its use of the trademarks as keywords in the Ads Programme. "Google is not a passive intermediary but runs a