LL.B.

IV/VI Semester Annual Examination June, 2021

Subject: Intellectual Property Rights Law-I
Paper Code: LB-4036 & LB-404 & LB-4038

Time: 3 Hours Maximum Marks: 100

Instructions:
 All questions carry equal marks (25 marks)
 This question paper contains total 6 questions
 Attempt any 4 questions out of 6 questions
 Answers may be written either in English or in Hindi but the same medium should be
used throughout the paper

Q1. ‘BadaBasket’ is the online food and grocery store in India and it is registered under
Trade Marks Act, 1999 as a trademark since 2013. ‘BadaBasket’ also claims to be extremely
popular among Indians because of its countrywide presence, profits and enormous size.
Whereas ‘DelhiBasket’ is a tiny Delhi based start-up. ‘DelhiBasket’ is an online/offline
grocery startup currently only serving in Delhi. Can “DelhiBasket” be registered as trademark
in India? Explain with the help of the relevant sections of Indian trademark law and valid
judicial pronouncements in this regard.
Also comment whether the quantum of sales, profits, countrywide operations, and popularity
etc. of the ‘BadaBasket’ relevant in determining the present issue?

Q2. Your client has a registered trademark “Corona” on beverages which he has been using
for years with considerable sales in India and consequently it enjoys reasonable reputation in
India. In 2021, after the worldwide outbreak of Coronavirus in 2019, an opportunist
proprietor has applied for registration of the trademark ‘CoronaAssist’ on an ayurvedic
preparation initially claiming it as cure for the Coronavirus and later as an immunity booster
which may help to fight the deadly Coronavirus. The mark has been advertised in the TM
journal a month ago. Your client wishes to stop the use of ‘CoronaAssist’ mark on the ground
of it being such in nature as to deceive public or cause confusion and also on the ground of
dilution under the Trade Marks Act, 1999. kindly advise him about the viability of the same
in the light of the decided cases.
Will your advice to your client vary if the trademark used by the opportunist proprietor had
been “Corona” instead of ‘CoronaAssist’?

Q3. ‘XBOX’ is a multinational company which manufactures gaming consoles and ‘XBOX’
games. It has its registered office in Canada and sale outlets around the world. It sells in India
through its authorized distributer @Rs. 50000 per gaming console and different prices are
there for ‘XBOX’ games under the registered trademark ‘XBOX’. It guarantees free after sale

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service for two years. An Indian trader buys 1000 ‘XBOX’ gaming consoles from open
market in USA @ Rs. 25000 per console, brings them to India and after paying import duty is
selling these consoles in India @ Rs. 35000 per unit. To enable the Indian users to play
pirated games the Indian trader tampered with the consoles. The Indian trader did not make it
clear to its customers that no after sale service will be provided.
‘XBOX’ files a suit for trademark infringement against the Indian trader. You are required to
decide the case giving detailed reasons for the decision with relevant provisions of the law.

Q4. ‘India Toy Works Ltd.’ owns a copyright in design for ‘Teddy shaped School bags’
under the Designs Act. They obtained an exclusive license from the German company on
special sewing apparatus which were developed by a German Company to design the said
‘Teddy shaped School bags’ in India. The shape of teddy is used on various products but the
application of teddy shape on bags was done for the first time in the world by ‘India Toy
Works Ltd.’. ‘Soft Toy Pvt. Ltd’ started manufacturing and marketing bags with the same
design in 2020. The ‘India Toy Works Ltd.’ sued the ‘Soft Toy Pvt. Ltd’ for infringement of
copyright in design. Decide the case citing relevant provisions of law and case studies.

Q5. “Green Cardamom” is registered Geographical Indication by a community which is

growing green Cardamom in Kerala in India, while a homonymous term i.e. “Green
Cardamom” has also been applied for registration as Geographical Indication by a
community which is growing green Cardamom in Karnataka in India. Decide as the Registrar
of GI the viability of registration of homonymous GI by the community in Karnataka by
citing the relevant provisions of the law and decided disputes on homonymous GIs in India.

Q6. ‘GNC Pro Performance’ is a pioneer company in making health supplements. Its ‘Whey
Protein’ is one of the most popular products among the top athletes in the country.
‘MuscleBlaze’, a rival company published an advertisement of their ‘Whey Protein’
comparing one scoop of their product with the product of ‘GNC Pro Performance’ and
claimed that their product provides twice the amount of protein as compared to ‘GNC Pro
Performance’s’ Whey Protein. The advertisement also carried with it a tag line stating “From
now on only MuscleBlaze” which ‘GNC Pro Performance’ contended sought rejection of
‘GNC Pro Performance’ products over ‘MuscleBlaze’.
‘GNC Pro Performance’ approaches you to file a suit against ‘MuscleBlaze’. Advice your
client with the help of relevant provisions and case laws.

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