IP Case Law › Trade Marks › Columbia Pictures Industries, Inc v. Registrar of Trade Mark…
Relevant Acts and provisions
Trade Marks Act, 1999
Section 11(2)Section 11(5)Section 11(6)Section 11(7)Section 2(1)(zg)
Trade Marks Rules, 2017
Provisions considered: Sections 2(1)(zg), 11(2), 11(5), 11(6) and 11(7) of the Trade Marks Act, 1999; Rules 43 and 124 of the Trade Marks Rules, 2017.
Brief facts
Columbia Pictures, the studio behind the Ghostbusters film franchise and registered proprietor of the GHOSTBUSTERS mark in India across Classes 9, 25, 28 and 41, opposed a Class 5 application for the mark GHOST BUSTER filed by a company dealing in HPLC chromatography products, on grounds of deceptive similarity and bad faith.
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Keywords
Bad Faith Adoption Cross-class Protection Opposition Remand Section 11(2) Well-known Trademark
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