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Introduction
Intellectual Property (IP) is the backbone for Protecting Your Brand today. It plays a crucial role in protecting innovation, creativity, and the rights of inventors and creators. In a world where ideas are constantly being shared and copied, it is essential to safeguard one's intellectual property to prevent unauthorized use and exploitation. This is why understanding IP and its importance is critical for any individual or organization that wishes to succeed in today's competitive market. In this blog, we will explore the case of
Background of the case
Balkh Bukhara began its hospitality business in 1975 and is reputed to be one of
In
Since 1975, ITC ltd. has been in the hospitality industry, managing and operating hotels worldwide. In the late 1970s, ITC ltd. chose the name "Bukhara" for its restaurant in the
The restaurant grew and gained a national reputation for excellence over time. Numerous celebrities, presidents, and leaders of the state have dined at this establishment. Additionally,
Facts of the case
The legal battle arose when a restaurant adopted the mark "Balkh Bukhara" for their restaurant in the
Defendants had also copied other aspects of the "Bukhara" restaurant, like the name, logo, font, interiors, décor, seating style, and staff uniform. They also copied the wooden menu and imitated the whole look and feel of the restaurant for their commercial establishment.
Arguments presented by the ITC
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Whether the mark "Balkh Bukhara" adopted by the Defendants is deceptively similar to ITC's well-known trademark "Bukhara" for restaurants and other hospitality services.
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Whether ITC's mark "Bukhara" is a well-known trademark under Section 2(zg) of the Indian Trademarks Act.
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Whether the Defendants infringed ITC's trademark rights by copying other aspects of the "Bukhara" restaurant, like the name, logo, font, interiors, décor, seating style, and staff uniform.
The judgment
The court ruled that the plaintiff's supporting documents indicate that not only was the mark 'BUKHARA' organically associated with Indian cuisine but also that the plaintiff's restaurant was a frequent stop for foreign celebrities and dignitaries. Thus, the renown and global distinction obtained by the plaintiff's mark 'BUKHARA' were well-established, and the plaintiff had internationalized Indian food.
The
Established as a well-known trademark
The court ruled that the mark 'BUKHARA' was a well-known mark pursuant to Section 2(zg) of the Act read with Section 11(2). In addition, the court ordered the Registrar of TradeMarks to add the mark 'BUKHARA' to the list of 'well-known trademarks'
Importance of ip: How can Photon Legal help you in saving your brand identity
The case of
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Muskaan Mandhyan
Photon legal
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Balewadi
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