Category: Trademark Litigation

Delhi High Court Stays Order Restraining Lupin From Using Disputed Trademark ‘LUCYNTA’

15th July, 2015 - 4:36 am Categories: News & Updates Trademark Trademark Litigation

Reportedly, Hon’ble Delhi High Court stayed an earlier order, dated 26 February, restraining Lupin from using the trademark “LUCYNTA” for its medicines, said to be deceptively similar to the trademark “NUCYNTA” of Johnson and Johnson. It was argued on behalf of Lupin that Johnson and Johnson are neither selling any goods under the mark nor … Continue reading Delhi High Court Stays Order Restraining Lupin From Using Disputed Trademark ‘LUCYNTA’

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High Court grants injunction against Haricharan Singh from using Trade mark/Trade Dress similar to Trade Dress/Trade Mark “John Deere”

5th March, 2015 - 1:06 pm Categories: India News & Updates Trademark Trademark Litigation

Recently, Delhi High Court passed an interim injunction against Harcharan singh & Anr from using any trademark/ trade dress similar to the trade mark “John Deere”. The plaintiffs Deere group commonly known as John Deere have filed suit for permanent injunction for restraining infringement, dilution of trade marks, passing off trade dress, unfair competition, rendition … Continue reading High Court grants injunction against Haricharan Singh from using Trade mark/Trade Dress similar to Trade Dress/Trade Mark “John Deere”

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Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

26th December, 2014 - 8:55 am Categories: IPAB IPAB Decisions News & Updates Trademark Trademark Litigation

This article is relates to a recent judgment of Intellectual Property Appellate Board (hereinafter IPAB) dated 4th December 2014 in the case “E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors.” Brief Facts: On 11th March, 2009 the trademark registry refused the opposition of the E.I.DU Pont De Nemours & Company (appellant herein) and … Continue reading Recent decision of IPAB in the case of E.I.DU Pont De Nemours & Company V. Galpha Laboratories and Ors

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Emcure’s Notice of Motion succeeds against Corona Remedies: Bombay High Court

13th October, 2014 - 5:15 am Categories: Trademark Trademark Litigation

In the recent decision of Bombay High Court in the case of Emcure Pharmaceuticals v Corona Remedies, the Hon’ble court decided on the issue of deceptive similarity, acquiescence and balance of Convenience in favor of Emcure Pharmaceuticals. Facts of the case: The plaintiff’s trademarks ‘OROFER’ and ‘OROFER XT’ are registered as word marks since 1996 … Continue reading Emcure’s Notice of Motion succeeds against Corona Remedies: Bombay High Court

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ODISHA COURT ADMITTED CASE AGAINST AAMIR KHAN PRODUCTION’S PROPOSED ‘SATYAMEV JAYATE’ USE AS TRADE MARK

10th July, 2014 - 11:16 am Categories: India IP Litigation IP Practice in India News & Updates Trademark Trademark Litigation

As per the sources, the court in the Odisha capital, Bhuvaneshwar has admitted a petition challenging Aamir Khan Production’s plans to use ‘Satyamev Jayate’, the national motto of India, as a business brand under which it is proposed to sell everything from kitchen utensils to footwear. A city based journalist and social activist, Dr. Subash … Continue reading ODISHA COURT ADMITTED CASE AGAINST AAMIR KHAN PRODUCTION’S PROPOSED ‘SATYAMEV JAYATE’ USE AS TRADE MARK

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PRINCIPLES OF ‘PRIOR ADOPTION AND USE’ VIS A VIS TRANSBORDER REPUTATION: JONES INVESTMENT CO V. VISHNUPRIYA HOSIERY MILLS

16th April, 2014 - 6:52 am Categories: Trademark Litigation

In the recent decision of Intellectual Property Appellate Board (IPAB) in the case of Jones Investment Co v. Vishnupriya Hosiery Mills, it was held that a multinational company cannot claim infringement of trademark by a local Indian company purely based on international presence, unless they can expressly establish that their presence extends to India or … Continue reading PRINCIPLES OF ‘PRIOR ADOPTION AND USE’ VIS A VIS TRANSBORDER REPUTATION: JONES INVESTMENT CO V. VISHNUPRIYA HOSIERY MILLS

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Strengthening the Remedy against Modern Tort of Passing Off: Oriental Cuisines Private Ltd vs. Star Restaurants Pvt. Ltd

15th February, 2014 - 8:10 am Categories: News & Updates Trademark Litigation

This article is to highlight the recently decided case of Oriental Cuisines Private Ltd vs. Star Restaurants Pvt. Ltd, by the Hon’ble Delhi High Court regarding passing-off action based on the principles of common law. Brief Facts of the Case:- … Continue reading Strengthening the Remedy against Modern Tort of Passing Off: Oriental Cuisines Private Ltd vs. Star Restaurants Pvt. Ltd

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Understanding ITC Litigation (Section 337 Cases)

12th February, 2014 - 5:39 am Categories: IP Litigation News & Updates Trademark Litigation

Having seen regular and growing number of queries from Indian Companies on U.S. International Trade Commission (ITC) cases in the US (primarily companies having domestic market in the US), this is a brief attempt to give clarity on jurisdiction that ITC provides, types of cases handled, advantages/disadvantages of the ITC routes, among few other characteristics … Continue reading Understanding ITC Litigation (Section 337 Cases)

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Cadbury Loses Trade Mark Battle

30th November, 2013 - 6:19 am Categories: IP Litigation Trademark Litigation

31st October, 2013 was a dooms day for Cadbury when it lost 4 of its éclair related trademarks on the basis of rectification petitions made by ITC. S. Usha, the Vice-Chairperson of the Intellectual Property Appellate Board (IPAB), ordered with a direction to the Registrar of Trade Marks to remove the trade marks registered under … Continue reading Cadbury Loses Trade Mark Battle

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Anti Dilution Protection of Trade Mark: Bloomberg Case

12th November, 2013 - 5:45 am Categories: IP Litigation Trademark Litigation

The era of globalisation and internationalisation of trade and commerce has developed certain complex socio legal issues with regard to well known Trade Marks. Trade Marks are territorial in nature, but in the light of globalisation and internationalisation there is need to protect well known trade marks against their dilution beyond geographical limits. A trade … Continue reading Anti Dilution Protection of Trade Mark: Bloomberg Case

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