Fluid trademarks and slogans are excellent marketing tools as they engage customers and improve sales, but their enforceability remains challenging. Brands help businesses to create unique names and images for their products and services in consumers’ minds. The stronger the brand, the better its reach in attracting potential customers and retaining loyal ones. With the…
The online pharmacy business is currently estimated to be worth Rupees 3000 crores (approx US $ 400 million) and sales are growing 100 per cent every year. E-pharmacies have been lobbying with the government to acknowledge online pharmacy sector and create structured framework for conducting business. The Indian Government through Ministry of Health and Family Welfare notified…
Can you question novelty of design as a defence to infringement action? What is the impact of defendant seeking registration of a design and later claiming it lacks novelty? These among other issues were subject of dispute between two helmet manufacturers both claiming registration for their respective designs. The Plaintiff, Vega Auto Accessories (P) Ltd…
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…
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….
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…
We are proud to receive an award for “IP Excellence in INDIA 2018” from Questel Orbit INC. USA recognizing firm’s Intellectual Property Practice while our managing partner being awarded as “IP Gems of India 2018” at a ceremony held at Le Meridian, Gurgaon on July 3rd 2018.
When 27-28 June, 2018 Where Hotel Marriott, Hyderabad Rachna Bakhru and Suvarna Pandey spoke as a panelist on various topics including Protection of IP in Cloud Computing and Freedom to Operate searches – practical tips. The details of the event can be found here. Rachna Bakhru, Partner chaired the session Trade Mark Litigation…
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…
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…
