INTRODUCTION
We are thrilled to share Intellectual Property (IP) highlights from the final quarter of 2024, showcasing a perfect balance between tradition and innovation.
The last three months of the year 2024 saw significant developments in the sector, including trade mark and patent infringement cases, as well as the recognition of 'well-known' trademarks and geographical indication tags. The quarter witnessed several globally recognised brands fiercely defending their marks with LEGO prevailing against entity selling confectionary products; IndiGo alleging infringement over Mahindra's use of the similar alphanumerical to its "6E" mark, and Britannia reinforcing rights over its "Good Day". Alongside this, tradition also took a centre stage as Gharchola sarees and Assamese heritage secured GI recognition, blending cultural pride with contemporary relevance.
An interesting twist to these cases came with the Indian judiciary tackling pressing issues in technology and authorship, from ANI's clash with OpenAI that brought global AI debates to Indian soil, to Penguin Random House's efforts to safeguard author rights in the age of generative AI.
In this final chapter of 2024, we cannot wait for you to dive into the edition to drive through courtroom showdowns, tech triumphs, and the continuously evolving landscape of IP.
POPULAR RESTAURANT CHAIN "SOCIAL" SUES STAR HOSPITALITY FOR TRADE MARK INFRINGEMENT
The Hon'ble High Court of Delhi ("Delhi High Court"), in the case of Impresario Entertainment & Hospitality Pvt. Ltd. ("IEHP") v. Star Hospitality ("Star"),1 IEHP applied for an interim injunction to restrain Star from using the trade mark "SOCIAL AFFAIR" for their restaurant. IEHP claimed that the name was extremely similar to their trade mark and that Star was trying to take advantage of the goodwill and reputation earned by IEHP.
The single-judge bench at the Delhi High Court granted an ex-parte interim injunction, citing the fact that it was clear that Star has taken on an almost identical trade mark and has tried to prove distinction merely by adding the suffix 'AFFAIR' to it. This does not dilute or negate the connection between IEHP and Star's restaurants. It was stated that Star had wrongly adopted the name "SOCIAL AFFAIR" for their restaurant and concluded that any social media marketing and advertisement using this name would likely confuse the public. Further, it was noted that IEHP is the prior adopter, registrant, and owner of the trade mark "SOCIAL", which has been in continuous use since its adoption. IEHP established a prima facie case in terms of trade mark infringement and therefore, they reserve the right to seek protection through an injunction.
IEHP owns a chain of restaurants and bars under the popular trade mark "SOCIAL" and its iterations. The first restaurant under the trade mark "SOCIAL" was established by IEHP in Bangaluru in the year 2014, following which 53 restaurants have been established nationwide. IEHP's trade mark has become well-known due to their attempts to connect better with the area's locals by adding locality-specific prefixes to their name such as "Koramangala SOCIAL" and "Hauz Khas SOCIAL". The main lawsuit filed by IEHP was for permanent injunction for trade mark and copyright infringement which contained the plea for interim relief against Star.
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