Success for Zippo
Success for Zippo in IndiaManaging Intellectual Property
Cigarette lighter maker Zippo has won a landmark injunction against a similar shaped product in India.
On July 13, the Delhi High Court granted the ex parte injunction, in the country's first case involving a registered shape trade mark.
The injunction prevents the defendants, who were not represented at the hearing and have not been named, from importing, marketing or selling infringing lighters in India. The infringing goods are believed to come from China.
In India, shape marks can be registered under the Trade Marks Act 1999 which came into effect in September 2003.
Said Pravin Anand, of Anand & Anand in Delhi, who represented Zippo: "Shape trade marks are rare. Registered shape marks are even rarer. Court decisions on registered shape trade marks are rarest."
Zippo has been a trade mark since 1933 and the company has sold more than 400 million lighters in 120 countries.
Cigarette lighter maker Zippo has won a landmark injunction against a similar shaped product in India.
On July 13, the Delhi High Court granted the ex parte injunction, in the country's first case involving a registered shape trade mark.
The injunction prevents the defendants, who were not represented at the hearing and have not been named, from importing, marketing or selling infringing lighters in India. The infringing goods are believed to come from China.
In India, shape marks can be registered under the Trade Marks Act 1999 which came into effect in September 2003.
Said Pravin Anand, of Anand & Anand in Delhi, who represented Zippo: "Shape trade marks are rare. Registered shape marks are even rarer. Court decisions on registered shape trade marks are rarest."
Zippo has been a trade mark since 1933 and the company has sold more than 400 million lighters in 120 countries.
posted by Alain Biron at 15:22
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