Use of spouse name not a valid defense in trademark infringement claim

Does using the spouse’s name entitle one to seek protection from a trademark infringement claim? The issue arose before the Madras High Court between two entities dealing in restaurants providing vegetarian cuisine. The Plaintiff, Sangeetha Caterers and Consultants LLP (SCC), filed the suit against the Defendant, New Sangeetha Restaurant (NSR), alleging trademark infringement, passing off…


Incorrect information provided by PepsiCo leads to revocation of its potato variety

PepsiCo challenged a PPVFRA order revoking the registration for PepsiCo’s FL2027 variety of potato The court dismissed the appeal, finding that PepsiCo had provided incorrect information as to the date of first sale of its potato variety The date of the first exploitation/sale constitutes important and material information for the application “The onus of providing…


Court imposes costs on defendant who stayed away from the proceedings

This note briefly discusses the summary judgement passed by the Delhi High Court in a trademark infringement suit and imposing costs on the Defendant who deliberately refrained from taking part in the court proceedings. The Plaintiff, Whitehat Education Technology Private Limited filed the suit against the Defendant, Vinay Kumar Singh to restrain the latter from…


Sensitizing Haryana Police Officials on Copyright Law: A Successful Workshop

  We are delighted to share that Mr. Daleep Kumar, an Associate Partner at RNA Technology and IP Attorneys delivered a comprehensive workshop on August 17, 2023, at the Haryana Police Academy, Karnal. This workshop aimed to raise awareness about the importance of Copyright Law and exploring various enforcement options. The workshop, organized in collaboration…


Imprisonment provisions removed in the Patents Act to bolster trust-based governance

After being cleared by both houses of Parliament, the Jan Vishwas (Amendment of Provisions) Bill, 2023 (JVB) received presidential assent on 11th August 2023 and thus became the law. Several provisions in different Acts have been decriminalised through this bill by removing imprisonment provisions and monetary penalties rationalised. The post discusses the changes made by…


Combating Counterfeiting in the Nutraceutical Industry

According to a recent report released by Authentication Solution Providers’ Association (ASPA) and the Credit Rating Information Services of India Limited (CRISIL) in 2023, about 25-30% of the products sold in India are counterfeit. Further, around 60-70% of dietary supplements in the market are fake as per 2015 study by Assocham-RNCOS. Counterfeiting not only causes…