Suffixing 'Lite' to edible oil brand may hang heavy on Akola firm

The Bombay High Court recently restrained an Akola-based firm from marketing an edible oil brand on the grounds that the name was similar to an established product. The court said that merely adding a suffix to a popular name can't be the basis of a new trademark.

Kamani Oil Industries Private Limited had approached the HC, alleging that use of brand 'Riso-Lite' by Bhuwaneshwar Refineries Private Limited was an attempt to take advantage of their mark 'riso'.

While admitting Kamani's plea, Justice S J Kathawala observed, "I am prima facie satisfied that the defendant's mark Riso-Lite is deceptively similar to the petitioner's mark 'riso'." The judge added that suffix 'Lite' could also be misconstrued as a low-cholesterol variant of brand 'riso'.

Kamani's petition states that it has been using the 'riso' trademark for its rice bran oil since July 2011. Within a short span of time, the commodity proved to be a hit among the consumers.

The city-based firm stated that it learnt in 2013 about the defendants manufacturing and selling oil under name Riso-Lite in Akola. After a search with the trademark registry, it found that the Bhuwaneshwar Refinery had applied for registration of the trade mark.

In its defence, Bhuwaneshwar Refinery argued that Riso-Lite was a composite label, where 'riso' was one of the elements written in a particular manner. The defendant claimed that Kamani was entitled to claim infringement if the whole of the brand name were adopted.

more at http://www.dnaindia.com/mumbai/report-suffixing-lite-to-edible-oil-brand-may-hang-heavy-on-akola-firm-1990624

Crores spent on research show poor results in India

deccanchronicle reports:

Despite  the hue and cry over lack of research funding, crores of rupees are pumped into Research and Development every year with results that are nothing to write home about.

A new analysis of innovation patents filed by Indian inventors in comparison to other countries of the South Asian Association for Regional Cooperation  found that despite lesser population, lower capability and far lower R&D expenditure, strife-torn Sri Lanka had a better output than India.  

An RTI query recently revealed that while Rs 1,285 crore of funds were allocated to 14 institutions controlled by the Department of Biotechnology under the Ministry of Science and Technology, they yielded only Rs 4.7 crore of returns.

Researchers analysed patents filed at the European Patent Office, World Intellectual Property Organisation , United States Patent and Trademark Office  and respective patent offices in India, Sri Lanka and other countries over the last decade. Sri Lanka had a patent per million population ratio of 77 while that of India was 39. Worse,

India had just about one patent application per $1 million R&D expenditure while Sri Lanka had more than 9 patents per $1 million  R&D spending.

Taj Group of Hotels wins battle over trademark of its spa

The Taj Group of Hotels has won a legal battle in the Delhi High Court over trademark 'JIVA' used for spa services in its hotels across the globe.

Justice Sanjeev Sachdeva restrained businessman Ashwajeet Garg from using "deceptively similar" trademark 'ZIVA' for providing similar spa services in hotels in India. "The plaintiff (Indian Hotels Company Ltd also known as the Taj Group of Hotels) has established a prima facie case. Further, balance of convenience is in their favour as they are prior users of the said mark and irreparable injury would be caused to them if the defendant is allowed to carry on its infringing activity...."

"In the present case, it is an undisputed fact that the trademark and name used by the defendant is identical to the plaintiff's and in relation to the same goods and services, therefore, the question of delay in filing the suit, if any, does not arise," the court said.

It restrained Garg and others from "using the trademark ZIVA or JIVA or any other trademark deceptively similar to the the plaintiff's in respect of spa services and any other service similar to that of the plaintiff and the ex-parte ad-interim order granted on 15.03.2011 is confirmed".

The Taj Group claimed that in 2004 it had adopted the mark JIVA for its spa business and later 'JIVA SPA' was launched in as many as 24 places across India and abroad.

It claimed that the lawsuit, seeking to restrain Garg and others from using trademark 'ZIVA' for their spa services, was filed the moment it came to know about the infringement of the trademark in 2012.

The trademark 'ZIVA' is "phonetically and visually" deceptively similar and the court, in its interim and ex-parte order, had also restrained Garg from using it.