Published on February 18, 2014
BRANDING TRADEMARK S H OW FT SO RO IC M ark” m rade T T own Kn OUR ll GH C “We I LHI H s DE Rule AME TO N OUR Y S INES BUS
ANALYSIS OF DELHI HIGH COURT’S JUDGEMENT RULING MICROSOFT AS “WELL KNOWN TRADEMARK” and how to An introductory guide to Branding & Trademarks succeed at it A Publication of TECH CORP LEGAL LLP
TABLE OF CONTENTS Introduction Case Details Microsoft’s Complaint & Response Microsoft’s Submissions Court’s Decision Branding & Trademarks – Best Practices
CASE DETAILS MICROSOFT CORP., USA & MICROSOFT CORP PVT. LTD., INDIA (Plaintiff) VS. Full Court Order KURAPATI VENKATA JAGDEESH BABU (Defendant) Microsoft filed suit for permanent injunction, restraining infringement and dilution of trademarks, trade name, passing off, rendition of accounts of profit, delivery up, damages etc.
Microsoft’s Complaint Summary of Defendant’s Acts Defendants filed trade mark application for “MICROSOFT MULTIMEDIA” bearing No. 1809699 dated 22nd April, 2009 in class 41 for services in relation to educational and training. & Defendants registered a domain name www.microsoftmultimedia.com
Microsoft’s Response Microsoft filed an opposition to the defendants application No. 1809699 filed before the Registrar of Trade Marks Defendants abandoned their application for the registration of their impugned mark Microsoft filed suit in Delhi HC with claim of damages of Rs.20,00,000/-
Microsoft’s Submissions Microsoft’s goodwill and reputation adversely affected “MICROSOFT” is a ‘well-known’ trademark Defendant’s illegal use had caused pecuniary loss and damage to its reputation and goodwill Microsoft prayed for declaration of trademark MICROSOFT as ‘well known’ and sought damages of Rs. 20 lakh
Court’s Decision – Part 1 “ Relief can be claimed under Section 29(4) of the Trademark Act, 1999 ” Full Court Order If registered trademark is used as part of corporate name, even though business of infringer is in goods or services other than those for which mark is registered
Court’s Decision – Part 2 Awarded: (a)Rs. 2 lakh to Microsoft as compensatory damages (b)Rs. 3 lakh as punitive/exemplary damages (c)Damages on account of loss of reputation & goodwill Full Court Order
Part 2 – HOW TO NAME YOUR BUSINESS CASE STUDY – BRANDING & TRADEMARKS Best Practice 1: Proper Business Structuring for clear ownership of brands, accompanying trademark rights and related Intellectual Property (IP) Best Practice 2: Business name should be different from brand name More details: Click here BRAND Unique Distinctive Non-confusing
“ Brand Equity adds to business valuation. A strong, recognizable brand, duly protected by trademarks, is highly valuable, even though it is an intangible asset, i.e. Intellectual Property. ” -Source
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