Should a prior used mark though used intermittently be given higher threshold and protection than registered mark? The two companies in mattress trade are loggerheads over use of the mark NO TURN. The Plaintiff, Peps Industries Private Limited (Peps) filed the suit alleging trademark infringement and passing off to restrain the Defendant, Kurlon Limited (Kurlon)…

Will difference in pronunciation in certain parts of the country leading to phonetic similarity be sufficient to grant an order of injunction? This is the crux of the issue in the instant appeal before the Division Bench (two judge bench) of the High Court of Rajasthan. The Plaintiff, Deepak Vegpro Private Limited (Deepak) filed the…

This post analyses the weightage of fourth factor that is ‘public interest’ in granting interim injunction in the pharmaceutical cases in light of an ex parte interim injunction granted in Novartis Ag & Anr vs Sun Pharmaceutical Industries [CS(COMM) 85/2020]. Facts Novartis Ag (hereinafter ‘Novartis’) on the basis of a patent (IN 237430) for their…

Indian Government to attract foreign direct investment (FDI) eased FDI norms for SBRT in the year 2019 vide Press Note 4 (2019). The press note allowed the foreign SBRT companies to first set up their own online stores in India and later follow it up with the setting up of physical stores – for which…