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May 24

RKD NewsNet May 2024

From the desk of Dr. Mohan Dewan | Assisted by: Adv. Arjun Pradhan Adv. Shubham Borkar

RKD NewsNet May 2024

1 Cover Story
Amendment to the National Phase Entry Rules
2 RKD News
Recognised at the Legal 500India Awards 2024R K Dewan & Co at the FICCI
3 Analysis
Evidence should be filedwithin prescribed time limitsin trademark oppositionproceedings before theTrade Mark Registry in India
4 Thread Bare
Promoting Transparency inthe Marketplace: AnEssential Checklist of Pre-Packaged Commodities
5 Dangerous Disclaimers
Emami Limited vs. HindustanUnilever Limited
6 Spotlight
Measuring Success: FreemansTriumphs in TrademarkEnforcement
Cover Story
Amendment to
the National Phase Entry Rules
We are pleased to let you know that as of May10, 2024, the Indian Patent Office has nowprovided a grace period with fees for nationalphase entry for patent applications in Indiabeyond the 31- months, for a maximum periodof 6 months after the expiry of the 31-monthsdate.

Each extended month beyond the 31- months will entaila fee of USD 700 per month (inclusive of official fee ofUSD 600). There is also a requirement of explaining whythe applicant could not enter national phase within the31-months period.
7 Snips and Specs
IPR Quiz For Those Who Don’t Know Everything Hidden Gems of India: Gol Gumbaz (Bijapur) Stories Behind the Brands: Marie Biscuit - A Royal Romance and a Global Tea-Time Treat
8 RKDecodes
Decoding Delicious Delicacies – Aamras Puri
Visit us at www.rkdewan.com | Write to us at niti_dewan@rkdewanmail.com | Follow Us on
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Cover Story
PLEASE DOCKET THIS INFORMATION IN YOUR RECORD AND IF THERE ARE ANY APPLICATIONS WHICH ARE TO BE FILED BEYOND THE 31 MONTHS PERIOD, DO PLEASE LET US KNOW AS SOON AS CONVENIENT TO YOU.

You may have already docketed the request for examination is also concurrently required to be made within the 31 months’ period. If an application is delayed for national entry, there will also be a delay in filing the request for examination. Therefore, the request for examination will also have to be filed along with the delayed national entry along with a late fee of USD 700 per month (inclusive of official fee of USD 600), in addition to the fee for making the request for examination of USD 350 which includes an official fee of USD 250.

PLEASE ALSO DOCKET THIS IMPORTANT INFORMATION FOR YOUR INDIAN FILINGS.
Recognised at the Legal 500 India Awards 2024
RKD News
We are delighted to share that R K Dewan & Co. has been acknowledged as the “IP-Patent and Trademark Attorneys Firm of the Year” at the Legal 500 India Awards 2024!
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RKD News
We also extend our heartfelt congratulations to our Principal, Dr Mohan Dewan (Advocate, Patent & Trademark Attorney) who has been recognised and bestowed with the “IP- Patent and Trademark Attorneys Lawyer of the Year” award.

We are humbled by this recognition by the Legal 500 and thank our clients for their unwavering trsut as well as our team for these achievements.
R K Dewan & Co at the FICCI

FICCI commemorated the “World IP Day 2024” with a run up event on WIPO’s theme for this year’s IP Day celebrations; ‘IP and the SDGs: Building Our Common Future with Innovation and Creativity’ on April 24th, 2024 in New Delhi.

R K Dewan & Co. is delighted to share that, Mr. Deepak Singh (Team Leader & Senior Patent Attorney) & Adv. Isha Gandhi (Senior Legal Associate) represented our firm at the event. The event was attended by students, officers from Research Institutes like CSIR, etc. and lawyers provided an opportunity for comprehensive
discussions on India’s industrial landscape in the light of recent global IP-related developments, their significance to economic growth, and the expectations of Indian business & industry.
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RKD News
There were a total of 4 sessions in which the speakers discussed as to how Intellectual Property can contribute to the attainment of Sustainable Development Goals. The event also focussed on innovation and entrepreneurship, emphasizing their role in advancing sustainable development goals (SDGs), promoting the commercialization of IP, and driving positive changes in society.

The World IP Day is an opportunity to highlight the role that IP rights, such as, patents, copyrights, designs, trademarks, plant variety, technology licensing, IP auditing, IP litigation play in encouraging innovation and creativity and recognize achievements of India’s creators and entrepreneurs, shedding light on their contributions to innovation and economic progress.
Analysis
EVIDENCE SHOULD BE FILED WITHIN PRESCRIBED TIME LIMITS IN TRADEMARK OPPOSITION PROCEEDINGS BEFORE THE TRADE MARK REGISTRY IN INDIA
Once Trademarks are accepted, the Registrar of Trade Marks advertises these accepted trade mark applications in the Trade Marks Journal after following due process every Monday, 4 or 5 times a month. Such applications can be opposed by any person within four months from the date of publication in the Trade Marks Journal. If someone files an opposition proceeding against a trade mark, the Notice of Opposition is served to the applicant by the Registrar. Following which the applicant has the opportunity to file a Counter-Statement in response to the Notice within a specified period of two months from the date of receiving it. If the Counter-Statement is not filed on time the trademark is deemed to be abandoned. This Counter Statement is served by the Registry to the Opponent.
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Analysis
The Opponent then has to file its Evidence Affidavit under Rule 45 in support of the opposition or furnish a letter of reliance within two months from the date of receipt of the Counter Statement. A copy of this evidence or letter has to be served to the Applicant. In reply to this the Applicant gets an opportunity to file its Evidence Affidavit under Rule 46 within a period of two months or furnish a letter of reliance. Pursuant to which if the Opponent feels the need to, it can file an Additional Affidavit under Rule 47 in support of the Opposition within a period of one month from the date of service of the Rule 46 evidence of the Applicant.

In some cases, the Trademark Registry may schedule a hearing to allow both parties to present their case orally. However, hearings are not always necessary, and many opposition proceedings are resolved based on written submissions alone. After considering the arguments and evidence presented by both parties, the Trademark Registry will issue a decision on the opposition. This decision may involve rejecting the opposition and allowing the trademark application to proceed to registration, partially accepting the opposition (e.g., by restricting the goods or services covered by the trademark), or rejecting the trademark application in its entirety.

The relevant provisions of the Trade Marks Act, 1999 are reproduced as below:

Section 21(4) of the Act:
Any evidence upon which the opponent and the applicant may rely shall be submitted in the prescribed manner and within the prescribed time to the Registrar, and the Registrar shall give an opportunity to them to be heard, if they so desire.

Rule 45:
Evidence in support of opposition- (1) Within two months from service of a copy of the counterstatement, the opponent shall either leave with the Registrar, such evidence by way of affidavit as he may desire to adduce in support of his opposition or shall intimate to the Registrar and to the applicant in writing that he does not desire to adduce evidence in support of his opposition but intends to rely on the facts stated in the notice of opposition. He shall deliver to the applicant copies of any evidence including exhibits, if any, that he leaves with the Registrar under this sub-rule and intimate the Registrar in writing of such delivery.

(2) If an opponent takes no action under sub-rule (1) within the time mentioned therein, he shall be deemed to have abandoned his opposition.
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Analysis
Rule 46:

Evidence in support of application.— (1) Within two months on the receipt by the applicant of the copies of affidavits in support of opposition or of the intimation that the opponent does not desire to adduce any evidence in support of his opposition, the applicant shall leave with the Registrar such evidence by way of affidavit as he desires to adduce in support of his application and shall deliver to the opponent copies thereof or shall intimate to the Registrar and the opponent that he does not desire to adduce any evidence but intends to rely on the facts stated in the counterstatement and or on the evidence already left by him in connection with the application in question. In case the applicant adduces any evidence or relies on any evidence already left by him in connection with the application, he shall deliver to the opponent copies of the same, including exhibits, if any, and shall intimate the Registrar in writing of such delivery.

(2) If an applicant takes no action under sub-rule (1) within the time mentioned therein, he shall be deemed to have abandoned his application.

The prescribed time of two months to file the opponents’ or the applicants’ evidence or letter of reliance were considered as extendable by the Registrar of Trade Marks under Section 131 of the Act but recently the Hon’ble Delhi High Court in SUN PHARMA LABORATORIES LTD. Vs. DABUR INDIA LTD. & ANR. C.A. (COMM.IPD-TM) 146/2022 (order dated 09/02/2024) has held that the prescribed time limit provided under Rule 45 (old Rule 50) is not extendable.

The court held that:

“32. The scheme of the Trade Marks Act, 1999 is clearly to provide strict timelines for the purpose of opposition proceedings. Repeated extensions to delay the process of registration through extension of time limits can hold up grant of trade mark registrations for a substantial period of time. The legislative intent behind the prescribed timelines in the Act and the Rules is to ensure that the registration of trade marks is not unduly delayed and Opponents are not able to delay the registration of marks.

33. If extension of time is granted for filing either pleadings or evidence in Opposition proceedings, without an outer deadline, the purpose of the Act and the Rules would be set at naught, inasmuch as the Opponents could indefinitely hold-up grant of registration of marks.
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Analysis
in Rule 50(2) of the said Rules clearly points to the time limit prescribed as being mandatory. This position would not be different in the 2017 Rules, inasmuch as even if the one month extension period has been deleted from the said Rules, the discretion with the Registrar also continues to be deleted.

47. The sum and substance of the above discussion is that upon the counter statement being received by the Opponent from the Applicant, the two months’ period begins to run. If the evidence is not filed within the two months’ period, the opposition would be deemed to have been abandoned as the Registrar has no discretion either under Rule 50 of the 2002 Rules or Rule 45 of the 2017 Rules or Rules 101 and 109 of the 2002 Rules and the 2017 Rules respectively, to extend the time period.

48. This interpretation is also in line with the stand of the Trade Marks Registry i.e., to have strict timelines for opposition proceedings so that the Opponents cannot unduly and infinitely delay the processing of trade mark applications towards registration.”

The above said finding also applies to compliances under Rule 46.

Considering the above said ruling of the Hon’ble High Court of Delhi, all stakeholders are required to comply with the prescribed procedure within the prescribed time as provided under Rule 45 and Rule 46 of the Trade Marks Rules, 2017.

Under Rule 47 of the Trade Marks Rules, 2017, the opponents can file evidence in reply to rebut or to deal with the evidence filed by the applicants under Rule 46 and if the opponents do not file its reply under Rule 47, the Registrar of Trade Marks may consider that the averments made and documents relied upon by the applicants in support of their application as admitted by the opponents as the same can not be denied or challenged or commented upon during the hearing in the absence of such pleadings on record.

In THANGAM AND ANOTHER VERSUS NAVAMANI AMMAL, Citation: 2024 LiveLaw (SC) 188, Hon’ble Supreme Court held as follows:

“The requirement of Order VIII Rules 3 and 5 CPC are specific admission and denial of the pleadings in the plaint. The same would necessarily mean dealing with the allegations in the plaint para-wise. In the absence thereof, the respondent can always try to read one line from one paragraph and another from different paragraph in the written statement to make out his case of denial of the allegations in the plaint resulting in utter confusion.
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Analysis
In case, the defendant/respondent wishes to take any preliminary objections, the same can be taken in a separate set of paragraphs specifically so as to enable the plaintiff/petitioner to respond to the same in the replication/rejoinder, if need be. The additional pleadings can also be raised in the written statement, if required. These facts specifically stated in a set of paragraphs will always give an opportunity to the plaintiff/petitioner to respond to the same. This in turn will enable the Court to properly comprehend the pleadings of the parties instead of digging the facts from the various paragraphs of the plaint and the written statement.

The matter was further considered by the Supreme Court in Lohia Properties (P) Ltd., Tinsukia, Dibrugarh, Assam Vs. Atmaram Kumar after the 1976 Amendment Act in CPC whereby the existing Rule 5 of Order VIII of the CPC was numbered as sub-rule (1) and three more sub-rules were added dealing with different situations where no written statement is filed. In paras 14 and 15 of the aforesaid judgment, the position of law as stated earlier was reiterated. The same are extracted below:

“What is stated in the above is, what amount to admit a fact on pleading while Rule 3 of Order 8 requires that the defendant must deal specifically with each allegation of fact of which he does not admit the truth. Rule 5 provides that every allegation of fact in the plaint, if not denied in the written statement shall be taken to be admitted by the defendant. What this rule says that any allegation of fact must either be denied specifically or by a necessary implication or there should be at least a statement that the fact is not admitted. If the plea is not taken in that manner, then the allegation shall be taken to be admitted.”

We have made the aforesaid observations as regularly this Court is faced with the situation where there are no specific para-wise reply given in the written statement/counter affidavit filed by the defendant(s)/respondent(s).”
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Analysis
The above said decision of the Hon’ble Supreme Court of India can be applied in opposition proceedings before the Registrar of Trade Marks and therefore, opponents should file their evidence in reply under Rule 47 within the prescribed time if the applicants have filed their evidence in support of their applications under Rule 46 otherwise, the evidence filed by the applicants will be considered as admitted by the opponents.
Thread Bare
Promoting Transparency in the Marketplace: An Essential Checklist of Pre-Packaged Commodities
The proliferation of pre-packaged commodities in modern marketplaces offers undeniable convenience. However, for the discerning consumer a closer examination of these products is an essential pre-requisite.

In a significant step towards strengthening consumer rights and promoting fair market practices, the Department of Consumer Affairs of India (Food and Public Distribution) unveiled a checklist for pre-packaged commodities. This document serves as a crucial resource for both manufacturers and consumers. For manufacturers, it provides clear guidelines on the mandatory information that must be displayed on labels of their packaged goods. For consumers, the checklist empowers them to make informed purchasing decisions by providing them with a clear understanding of the product they are considering. By outlining the essential details that must be included on labels, such as ingredients, nutritional information, and manufacturing dates, the checklist empowers consumers to compare products effectively and choose those that best meet their needs.
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Thread Bare
This article provides an overview of the key details that warrant inspection of every pre-packaged commodity by the consumer. By familiarizing oneself with this crucial information, consumers are ensured of an informed decision.
For a common consumer, it becomes difficult to assess the quality of a product at its face value. Generally, standards such as ISI mark, Agmark, Wool mark, ISO mark, BIS mark etc. are in place in the form of certification marks to imply that a product has been produced in accordance to a specific standard. While a list of products that mandate compliance to Indian standards has been uploaded on the Bureau of Indian Standards
website however, there is no mention of pre-packaged commodities on this list, nor are there any certification marks specifically for pre-packaged commodities thus; it becomes imperative for a consumer to adopt their own means to assess a pre- packaged commodity.

The Department of Consumer Affairs issued a declaration/checklist. This declaration builds upon the existing Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011 offering a comprehensive approach to food safety. These statues were brought into force with the aim to inter alia regulate pre-packaged commodities and regulate trade and commerce. The term “pre-packaged commodity” is defined in the Legal Metrology Act (LMA), 2009 under Section 2 (l) as, “(l) “pre-packaged commodity” means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity”. Thus, a pre- packaged commodity is a commodity which is packaged without the purchaser being present; which may or may not be sealed; and which has a pre-determined quantity.

The checklist deals with the prerequisites only for those commodities that fit under the abovementioned definition of pre-packaged commodities. It enumerates eight major details to be checked before purchasing a pre-packaged commodity that are in line with Rule 6 of the Legal Metrology (Packaged Commodities) Rules, 2011.
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Thread Bare
Firstly, the labelling on the packaging must disclose the complete name and address of the entity responsible for manufacturing/ packing/ importing the product. Then the checklist states that the label must also contain the product’s generic name that identifies its nature (for example ‘bread’). The third detail that must be clearly stated on the label is the product’s net quantity adhering to the units of measurement stipulated by the Legal Metrology (Packaged Commodities) Rules, 2011. The fourth most common element that must be checked on the label is the month and year of manufacture/ import of the product that is supposed to be stated as “MFG” or “Manufactured on” or “Imported on”. The label must also contain the month and year after which the commodity may become unfit for human consumption or in other words; the lifespan of the commodity. A consumer must also necessarily check the Maximum Retail Price (MRP) of the commodity and ensure that the seller is not demanding more than what is stated as the MRP.
The other two important details that usually miss the common eye are the country of origin of the commodity and the consumer care details of the commodity. These details are necessary to be checked as firstly the source of origin can help identify the consumption of an adversely affected batch and consumer care details facilitates communication regarding queries or complaints about the commodity’s quality or safety.

Hence, practicing to check these eight details before purchasing a pre-packaging commodity not only ensures good practice but also empowers consumers to take charge of their own well-being. These purchasing practices safeguards oneself from potential foodborne illnesses and equips them with the knowledge to make informed dietary decisions based on clear and accurate nutritional information.

Most importantly, when faced with uncertainty, prioritizing safety is paramount thus, if there is any doubt regarding the product's integrity, it is always advisable to err on the side of caution and discard it.
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Dangerous
Disclaimers
Emami Limited vs. Hindustan Unilever Limited
SUMMARY

On 9th April, 2024, the Hon’ble Calcutta High Court decided a suit for infringement and passing off filed by Emami Ltd. (hereinafter referred to as “Emami”/ the “Petitioner”) against Hindustan Unilever Ltd. (hereinafter referred to as “HUL”/ the “Respondent”).

The suit revolved around the violation of the Petitioner’s trademark ‘Fair and Handsome’, for its face cream for men. The Respondent used an allegedly deceptively similar mark ‘Glow and Handsome’ in respect of the same products. Emami had been using the mark in relation to men’s skin care products since the year 2005. Emami submitted that the term 'Handsome' had acquired significant secondary meaning and was associated with the Petitioner’s products.

The Respondent in response alleged that the word ‘handsome’ was a purely descriptive word and not capable of distinctiveness. It was submitted that “handsome” is a generic word which is used by multiple entities in the market. That being said, the Petitioner was not the only entity with whom the word ‘Handsome’ was associated. Even though the Petitioner had obtained registrations for the mark 'Fair & Handsome', the word 'handsome' was disclaimed in its registration and the Petitioner had accepted the disclaimer. It was also submitted that Emami was not entitled to claim exclusive right over the individual use of the words ‘Fair’ or ‘Handsome’ and has never used either of these words individually. Their rights were restricted to the exclusive use of the mark ‘Fair and Handsome’ as a whole. In such circumstances, the Petitioner would be estopped from claiming any right to the word 'handsome'. It was further contended by the Respondent that adoption of the name 'Glow and Handsome' was a business decision that was arrived at as a result of an internal decision making process which began in 2018.

The Hon’ble Calcutta High Court while adjudicating the matter observed that, the decision of changing the name and adopting a prominent and significant part of the trademark of a trade rival ought to have been a conscious and deliberate decision. There is an element of taking unfair advantage in the adoption of a mark that deceivesor is deceptively similar to the Petitioner’s trademark. The Hon’ble Court also went on to observe that, “Nobody has any right to represent the goods of somebody else. In doing so, the rival takes a ‘free ride’. There is no line between permissible and impermissible free riding. All ‘free riding’ is unfair.”
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Dangerous
Disclaimers
The High Court reasoned that a passing-off action can succeed independently of an infringement claim and, estoppel and registrability will not be available as defences. Deception and its likelihood is essential for passing off to be established. Mere substantiating confusion is not sufficient for a passing off claim to sustain. Though both the products have different packaging, the Court emphasised that “an unwary purchaser of average intelligence and imperfect recollection who only remembers the one word “Handsome” is likely to be deceived by the misleading indicia “Handsome” and this has now been intentionally made a cause for confusion and deception.”

It was also observed that, Emami had made substantial investment and dedication in building its brand 'Fair and Handsome' therefore, there remains a high possibility of damage to the Petitioner’s business and goodwill resulting from such misrepresentation.

It was further noted that, the Respondent’s only explanation to adoption of ‘Glow and Handsome’ was that it was an internal decision following a global announcement made by their parent company Unilever PLC., that “it was taking a step in the evolution of its skin care portfolio to a more inclusive vision of beauty which includes the removal of words “fair/ fairness”, “white/ whitening” and, “light/ lightening” from its products’  packaging and advertisement and that as a part of that decision, the name “Fair & Lovely” was changed to “Glow and Lovely”. The Respondent was unable to furnish any proof of actual use of the mark “Handsome” by any other entity in relation to men’s fairness creams.

The Hon’ble Court relied upon the long usage, registrations, sales, and promotions for the mark 'Fair and Handsome' and arrived at the conclusion that the mark ‘Fair and Handsome’ was a creation of the Petitioner and that it was a result of considerable investment made by them. The two main components of Emami’s registered mark are the words ‘Fair’ and ‘Handsome’. Therefore, undoubtedly, the word ‘handsome’ was an important element and a leading feature of Emami’s trademark. The High Court went on ahead to state that HUL, being fully aware of all the consequences had launched its product at its own risk.

Finally, an interim-relief was granted to the Petitioner and the Hon ’ble Calcutta High Court passed an order restraining HUL from using the 'Glow and Handsome' mark being deceptively similar and potentially passing off their products as those of Emami.

ANALYSIS
Though the Courts base their decisions on law and legal principles, each case comes bearing its own facts. The Courts analyse each case based on its own merits. The Hon ’ble Calcutta High Court has adjudicated the present case by perfectly balancing the application of legal principles and consideration of the special circumstances of this case.
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Dangerous
Disclaimers
The Hon’ble Court rightly held that no infringement can be claimed in respect of a disclaimed part of the mark. It is a fact that the Petitioner’s registration over ‘Fair and Handsome’ was based on the disclaimer that no exclusive right would be claimed over the words ‘Fair’ or ‘Handsome’ since both of them fit into the definition of descriptive terms in respect of fairness creams for men. Disclaiming a part of the mark, the Petitioner can use the disclaimed part in respect of its own trademark, however cannot stop any third party from using the same. The Court applied the principle of ‘History of Prosecution Estoppel’ and reasoned that once the Petitioner had forgone the rights of claiming exclusivity over individual words used in their mark, it was not entitled to claim infringement under the light of the same right over the word ‘Handsome’ used individually.

However, though estoppel can restrict the claim of infringement, passing off does not fit in the same parameters. Considering the long-standing presence of the Petitioner in the market, it was entitled to claim passing off against the Respondent. Also, the manner in which the Respondent used the word ‘Handsome’ closely resembled the manner in which it was used by the Petitioner. Another factor that added to the Respondent’s woes was the lack of explanation on the part of the Respondent regarding the “hasty” adoption of the impugned mark. The Court rightly identified these lacunae in the pleadings of the Respondent while passing an order in favour of the Petitioner.
Spotlight
Measuring Success: Freemans Triumphs in Trademark Enforcement
Recently, Freemans Measuring Tapes & Tools (FMI Limited) (hereinafter referred to as FMI) represented by R K Dewan & Co., was successful in obtaining an ex-parte ad-interim injunction against an infringer for infringing its prior adopted, well-known and registered trademark “FREEMANS” & its variants.
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Spotlight
FMI, under its well-reputed & registered trademark "FREEMANS", deals with a wide range of products used for industrial & household purposes, including measuring tapes, steel tape rulers, spirit levels, precision tools, hand tools, power tool accessories etc. since 1950 i.e., more than 7 decades. By virtue of its assured quality and reliability of goods under its trademark “FREEMANS” since its inception, FMI has developed a strong and wide network of customers in India and abroad. FREEMANS has also been the recipient of several awards, including being recognised as a SUPERBRAND in the year 2023, for the impeccable quality of its goods.

Being a diligent protector of its intellectual property, FMI through R K Dewan & Co. approached the Hon’ble Delhi High Court seeking a permanent injunction to restrain the infringer from continuously infringing FMI’s well-reputed trademark “FREEMANS” and passing off his goods (protective hand gloves) under the mark “Freemans & Freemans Professional” for unauthorized commercial gains.
FMI’s Trademark Infringing Trademark
FREEMANS FREEMANS
FREEMANS
PROFESSIONAL
FREEMANS
Professional
The Hon’ble Court of Mr Justice Anish Dayal, vide order dated 10.04.2024 granted an ex-parte ad-interim injunction in favour of FMI and restrained the squatter from using the infringing marks “Freemans & Freemans Professional” or any other confusingly similar trademark in relation to the protective hand gloves or any other related goods of similar nature which amounts to infringement and passing-off of his goods/ business as that of FMI.
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Snips & Specs
A. Which of the following Indian products has received Geographical Indication (GI) status for its unique quality and origin?
  1. Coconut Carving of Goa
  2. Copperware of Pune
  3. Banaras silk sari
  4. Rajapalayam Lock
B. Who is the proprietor of a GI?
  1. The individual who invented the product
  2. The first business to use the GI on a product
  3. Any association of persons, producers, organizations or authority established by or under the law
  4. The World Intellectual Property Organization (WIPO)
C. In the case of Tea Board of India Vs. ITC Ltd (2011), what was the primary reason for the plaintiff seeking a temporary injunction against the defendant's use of the word 'Darjeeling'?
  1. The defendant was using 'Darjeeling' to name a different product
  2. The defendant's use of 'Darjeeling' was authorized by the Tea Board of India.
  3. The defendant had legally registered the name 'Darjeeling' for their tea products.
  4. The defendant's use of 'Darjeeling' was fraudulent and misleading, posing a threat to the tea business of the place.
D. Choose from the following, the unique feature of the Tirupathi Laddu that contributed to it receiving a Geographical Indication (GI) tag?
  1. Its unusual taste and ingredients
  2. It is being offered as ‘naivedyam’ to the Lord and as ‘prasadam’ to devotees at the Sri Vari Temple in Tirupathi
  3. Its availability in various regions of India
  4. Its production by multiple manufacturers in different locations
 

(Answers at the end of the Newsletter)

For Those Who Don't Know Everything
- Provided by my good friend, Philip Furgang.
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Snips & Specs
  • Our eyes are always the same size from birth, but our nose and ears never stop growing.
     
  • Peanuts are one of the ingredients of dynamite.
     
  • Rubber bands last longer when refrigerated.
     
  • "Stewardesses" is the longest word typed with only the left hand and "lollipop" with your right.
     
  • The average person's left hand does 56% of the typing.
     
  • The cruise liner, Queen Elizabeth 2 (which is a retired British passenger ship, now converted into a floating hotel), moves only 6 inches for each gallon of diesel that it burns.
     
  • The microwave was invented after a researcher walked by a radar tube and a chocolate bar melted in his pocket.
Hidden Gems of India- Gol Gumbaz (Bijapur)
Welcome to a journey of discovery and wonder as we embark on a series of blogs that unveil the enigmatic and uncharted realms of India. In a country as vast and diverse as India, the troves of hidden gems and lesser-known marvels remain scattered like secrets waiting to be unravelled. Beyond the renowned landmarks and bustling metropolises, lie the hidden places that encapsulate India's rich tapestry of culture, history, and natural beauty. Our series of blogs is your passport to a world where ancient temples, forgotten caves, serene lakes, and mystical forests come to life. Join us as we delve deep into the heart of this incredible nation, shedding light on the obscure, the mystical, and the rarely explored corners of India.
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Snips & Specs
Each blog will be a portal to these hidden treasures, offering insights, anecdotes, and practical tips for those intrepid travellers and culture enthusiasts who seek the extraordinary and untraded paths that India has to offer. Prepare to be captivated, inspired, and enthralled as we unveil India's hidden wonders, one blog at a time.

The Gol Gumbaz, is a mausoleum built in the city of Vijayapura (formerly known as Bijapur) in the Northern State of Karnataka. Vijayapura is a “tijori” for structures influenced from Persia and Central Asia. A quick tour of the city would reveal a strangely beguiling Indo-Islamic architecture, this influence mainly stems from the fact that this city was built by Adil Shah who ruled the Sultanate of Bijapur between the late 15th to 17th centuries. The edifices found in Vijayapura are distinct from any other Mughal architecture found across the world as they are a combination of Indian and Persian descent for example: the rectangular Asar Mahal, the ruins of Sangeet Mahal, the Ibrahim Rauza and the most prominent amongst all these the Gol Gumbaz are all hidden gems constructed during his reign, that remain unknown to most people across India. 

Gol Gumbaz derives its name from ‘Gom Gummata’which in turn is derived from ‘Gol Gombadh’ which means a circular dome. Gol Gumbaz is the country’s largest dome and the world’s second largest dome after the “St. Peters’ Basilica” in Rome. Gol Gumbaz currently preserves the tomb of Mohamamad Adil Shah the seventh sultan of the Adil Shahi Dynasty. It is a massive mausoleum that offers visual and sonic treats to those interested in architectural phenomena. The construction of Gol Gumbaz began during the mid-17th century, almost at the end of the Mohammed Adil Shah’s rule. Mohammed Adil Shah was 15 years old when he ascended to the throne of Vijayapura (then Bijapur) due to his father’s (Ibrahim Adil Shah II) death. Having faced death at a very young age he became obsessed with the concept of death which led him to construct the Gol Gumbaz for the world to remember him by. An interesting fact about the mausoleum is that it is an incomplete structure due to the sudden death of Adil Shah in the year 1656.

While the architect of this mausoleum is unknown, its structure is known for being the most technically advanced structure to have been constructed during the Adil Shahi rule. It is cubical from the base, topped with a hemispherical dome that reflects a work of architectural genius as it is unsupported by any pillars.

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It is a seven storied dome connected via octagonal spires with heavy bracketed cornices below the parapet. The top-most (seventh) floor forms the base of the dome, which comprises of a whispering gallery that is nearly 110 feet high that can echo whispers up to 10 times making it an acoustic wonder. Gol Gumbaz is one of the very few structures in India along with the Victoria Memorial in Kolkata and the Bankipore Golghar Granary in Patna that possess such sonic wonders, however none of these have the ability to match the acoustic wonders of Gol Gumbaz. While the whole structure comprises a richly reverberant single chamber, the tomb of the Sultan lies in the basement under a wooden canopy in the centre of the room.

Visitors, especially children, remain amazed with the acoustic wonders of the Gol Gumbaz by interacting with the structure in a carnivalesque manner, including claps, yells, cries, whistles, and whispers. Tourists of all ages appreciate and enjoy not just its visual beauty but also its unique acoustic abilities. Thus, Vijayapura known as “the city of victory” remains as quaint with the “Gol Gumbaz” gazing at the sky as the echoes of its timelessness reverberate through the air.
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Stories behind Brands: Marie Biscuit - A Royal Romance and a Global Tea-Time Treat
Brands are more than just a name or a logo; they embody a story and a legacy that have been built over time. Behind every brand, there is a rich history and a unique set of circumstances that have shaped its identity and contributed to its success. These background stories have become an integral part of the brand, and they serve as an essential tool for building brand loyalty and connecting with customers. There are various brands that you think you know about, but do you really know them? In this series of articles, we will be telling you unknown stories behind the known brands.

For many Indians, a steaming cup of chai in the evening isn't complete without its perfect companion: the humble Marie biscuit. Dunked or devoured on its own, this simple treat delivers a satisfying crunch and a touch of sweetness. But have you ever stopped to wonder about the origins of this ubiquitous tea-time essential? Despite its prominent place in countless Indian households, the story behind the Marie biscuit is a surprising one, taking us from the halls of European royalty to the heart of British baking traditions. This article delves into the historical and cultural significance of the Marie biscuit, a seemingly simple treat with a rich backstory. Its origins are intricately linked to a royal love story that transcended cultural and political boundaries.

A Love Story Fit for Royalty: Alfred and Maria
The tale begins in 1868 when Alfred, Duke of Edinburgh and second son of Queen Victoria, met Grand Duchess Maria Alexandrovna of Russia daughter of Tsar Alexander II during a visit to Germany. Their paths crossed again in 1871, sparking a connection fuelled by their shared love for music and a mutual enjoyment of each other's company.
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However, their desire to marry faced significant hurdles. Queen Victoria harboured lingering mistrust towards Russia stemming from the Crimean War, and Maria's Orthodox faith presented a challenge to the British royal family's Protestant traditions. Similarly, Tsar Alexander II, Maria's father, was reluctant to lose his daughter.
Navigating Complexities and a Grand Wedding
Despite the initial resistance, negotiations commenced in 1871 but stalled due to rumors and political tensions. Alfred's unwavering devotion and the genuine affection between the couple ultimately won over their families. In 1874, they received their blessings, and a grand wedding ceremony took place at the Winter Palace in St. Petersburg. Notably, Queen Victoria, still harbouring reservations, did not attend.

A Biscuit Fit for a Celebration: The Birth of the Maria
To commemorate this royal union, Peek Freans, a renowned London bakery established in 1857, created a special treat - the "Maria" biscuit. This marked a significant departure from the then-common, hard ship's biscuit. The Maria was a small, sweet, and round biscuit, a delightful indulgence unlike anything widely available at the time. The biscuit's name, proudly embossed on its surface, paid homage to the Grand Duchess.
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Beyond Royal Circles: The Rise of a Global Tea-Time Favourite
The "Maria" biscuit, was rechristened as "Marie," transcended its royal origins. Its popularity soared across Europe, particularly in Spain. In the aftermath of the Spanish Civil War, bakeries capitalized on a wheat surplus by producing vast quantities of Marie biscuits. This delicious and affordable treat became a symbol of the nation's economic recovery.

Today, the Marie biscuit, under various brand names, is a well-loved snack enjoyed worldwide. Its enduring popularity lies in its simple yet satisfying taste and versatility. It can be enjoyed on its own, dunked in tea or coffee, or incorporated into various desserts.
A LEGACY BEYOND THE BISCUIT: PEEK FREANS' ENDURING IMPACT
Peek Freans, the creators of the Marie biscuit, played a significant role in shaping British biscuit culture. Founded by James Peek and George Hoby Frean, the bakery rose to prominence during the Victorian era. Beyond the Marie, Peek Freans introduced other iconic biscuits like the Garibaldi biscuit, the chocolate-covered digestive biscuit, and the bourbon biscuit. Their legacy lives on not just through the Marie biscuit but also through their contribution to the rich tapestry of British teatime traditions.

A Social and Cultural Phenomenon: Marie Biscuits around the World

The Marie biscuit has transcended its origins to become a global phenomenon. In India, for instance, a cup of chai is often incomplete without a Marie biscuit.
Interestingly, blind taste tests have revealed that people often struggle to differentiate between various Marie biscuit brands, highlighting the dominance of the basic recipe and its universal appeal. The Marie biscuit's journey reflects the power of cultural exchange. It is a testament to how food can bridge divides and bring people together. From its royal beginnings to its status as a global tea-time favourite, the Marie biscuit continues to delight taste buds across the world.
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Decoding Delicious Delicacies:
Aamras Puri
When it comes to food, the name of a dish holds meaning beyond just identification. The name of a dish can give insight into the history behind it, the ingredients used, or even the cultural significance it holds. In this series of blogs, we will explore the history behind famous Indian dishes.
In the rich tapestry of Indian cuisine, where flavors dance and aromas tantalize, very few combinations evoke as much nostalgia and satisfaction as Aamras Puri. This culinary delight, originating from the western regions of India, particularly Gujarat and Maharashtra, embodies the essence of simplicity and wholesomeness. Comprising ripe mango puree (Aamras) and fluffy deep-fried bread (Puri), this pairing has stood the test of time, delighting generations with its vibrant taste and cultural significance.
THE ORIGIN OF AAMRAS PURI:
The origins of Aamras Puri can be traced back to the heartlands of Gujarat and Maharashtra, where mango orchards abound and culinary traditions run deep. Mango, often referred to as the "King of Fruits" in India, holds a special place in the hearts of its people. Its succulent flesh, bursting with sweetness and tanginess, forms the soul of Aamras Puri.
Puri, on the other hand, is a quintessential Indian bread made from wheat flour, traditionally deep-fried to golden perfection. Its light and airy texture provide the perfect canvas for the rich, velvety Aamras to shine.
The Art of Preparation:
The preparation of Aamras Puri is a testament to the simplicity and ingenuity of Indian cuisine. Ripe mangoes, preferably Alphonso or Kesar varieties, are peeled, deseeded, and pureed to silky perfection. The puree is then strained to remove any fibrous bits, ensuring a smooth and luscious texture.
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Meanwhile, the dough for Puri is kneaded using wheat flour, water, and a pinch of salt. The dough is then divided into small portions, rolled into circles, and deep-fried until puffed and golden brown. The hot and crispy Puris are then served alongside the chilled Aamras, creating a harmonious contrast of temperatures and textures.
Cultural Significance:
Beyond its culinary appeal, Aamras Puri holds deep cultural significance in India, especially during the festive season of summer. Mangoes, being a seasonal fruit, are eagerly awaited each year, marking the onset of summer and symbolizing abundance and prosperity. Aamras Puri often graces the tables of households during festivals like Holi, Diwali, and especially during the auspicious occasion of Gudi Padwa in Maharashtra and Ugadi in Karnataka.

Furthermore, Aamras Puri is not just a dish but a shared experience, bringing families and communities together. Whether enjoyed as a leisurely breakfast, a refreshing afternoon snack, or a satisfying dessert, it fosters a sense of togetherness and joy.
Health Benefits:
While Aamras Puri is undoubtedly a treat for the taste buds, it also offers several health benefits. Mangoes are rich in vitamins A and C, antioxidants, and fibre, which support immune health, digestion, and skin vitality. Wheat flour used in Puri provides energy, dietary fibre, and essential nutrients, making it a wholesome choice when consumed in moderation.

In conclusion, Aamras Puri is not just a culinary delight but a celebration of India's rich heritage and vibrant flavors. Its simplicity, versatility, and cultural significance make it a timeless favorite among food enthusiasts of all ages. So, the next time you savor a plate of Aamras Puri, remember to cherish not just the taste but the stories and traditions that accompany this beloved dish.
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