201807.31
4

Prior use saves the day for Sun

This post discusses the tussle between two well established pharmaceutical companies in relation to trademark being used on a diabetic drug. The Plaintiff, Sun Pharma Laboratories Ltd, (Sun) filed the action before the Delhi High Court against Lupin Limited (Lupin) and another alleging trademark infringement, passing off, etc. Sun filed the suit to safeguard its…

201807.27
4

SEP holders rejoice over Delhi High Court Ruling

The Delhi High Court’s recent decision determining infringement of the Patent owned by Philips that were declared as Standard-Essential Patent (SEP) by European Patent office and US. Thus axiomatically an essential Patent in India has been widely welcomed by other SEP holders. The suit concerned DVD video player technology over which Philips has claimed Patent….

201807.24
3

Use of family name held to be non-infringing “fair use”

The parties are at loggerheads over use of family name PATIL in relation to fragrance business. The first round of litigation was before the District court, Bengalaru and the parties have now approached Karnataka High Court (at Bengaluru) in appeal. The appeal has been preferred by Somashekar P. Patil (Som) aggrieved by exparte injunction being…

201807.09
3

India promises market potential but challenges remain for luxury brands

While luxury brands are increasingly entering the Indian market, proving India’s potential as a destination for luxury products, they face some formidable challenges, including high import duties, lack of quality retails space and the ever-present threat of counterfeiting In the past decade, Indian consumer purchasing power and appetite for luxury products has surged. The number…

201807.02
3

Whimsicality of Design Protectable

The parties are squabbling over design rights in metal tube primarily used in air-conditioners.  The design infringement and passing off claim is brought by Mandev Tubes Private Limited (MTPL) against Mr Kalpesh Jain (KJ) for using metal/copper tube with identical design. The single judge of Bombay High Court on hearing the parties granted an injunction…