Recent decision of the Chancery Division of the Community Trade Mark Court in the dispute concerning a trademark battle over the word “PINK”, is elaborately discussed in this September 2014 issue of IPR Amicus.
Ratio decidendi in this issue covers important Bombay High Court Order holding that there is infringement of trademark once a particular feature of a trademark is found to be distinctive and essential, and that essential feature is used without permission. In another case, the Court has held that licensee of trademark can also join as party to a suit of infringement.
News Nuggets in this issue covers news on recent CJEU Order opining that a work of parody displays an original character of its own, other than that of displaying noticeable differences with respect to the original parodied work and that to balance the interest of the user of copyrighted work and the right holders, the national court has to determine whether in the circumstances of the case the use was fair.
September, 2014/Issue-38