The two dominant players in cigarette category ITC Limited, (ITC) and Godfrey Philips (India) Limited (Godfrey) are pitted against each other over the use of mark FLAKE, and its packaging. ITC took Godfrey to Bombay High Court seeking injunctive relief for infringement of copyright, trademark and passing off in relation to use of similar trademark,…
“In photography, there is a reality so subtle that it becomes more real than reality.”– Alfred Stieglitz It is a typical lockdown day. I take a photo of beautiful rain drops falling on my patio, and I enjoy it sipping a cup of tea. A picturesque moment! I click a photo, upload it on Instagram…
The matter pertains to use of the mark/name CHIREC for educational institute (Higher Secondary and High School), one in Hyderabad and the other in a remote district (Madhugiri Taluk) in the state of Karnataka. CHIREC is allegedly a coined word derived from ‘Children’s Recreation Centre’. Both parties assert rights over the mark/name CHIREC. The post…
Our partner, Rajiv Suri, was invited by the Indian Angels Healthcare Network – which is into creating a network of investors and entrepreneurs for funding healthcare ventures in India – to be one of the expert mentors in the webinar organised by APAC Digital News Network.com on August 27, 2020 titled APAC Glocal India Healthcare…
Our Partner, Abhishek Nangia was invited by Cell for IPR Promotion and Management (CIPAM) on August 7, 2020 for conducting online interactive session on ‘Trademarks’. The audience comprised of 60 school teachers across India. Abhishek discussed various types of trademarks, importance of trademarks to the consumers and business, easy access to counterfeit goods, harmful effects…
In a much awaited decision, the High Court of Madras has finally cleared the air in the dispute regarding use of the words MAGIC/ MAGICAL and MASALA (a mixture of different spices used in Indian cooking) for food products. In 2013, the conflict had arisen between the two well established FMCG companies ITC Limited (“ITC”)…
This case brings about some interesting takeaways on the questions of facts, issues, and jurisdiction in the context of copyright infringement by a company currently undergoing insolvency process. The ruling clarifies that (a) a corporate debtor that is subject of insolvency proceedings, the infringement of intellectual assets by it is to be determined by National…
This post analyses the challenges of protecting engineering or technical drawing that are likely to be transformed into a product. Should it be protected as an “artistic work” under the Copyright Act or as a “design” under the Designs Act? For a commercial enterprise, generally, a drawing follows a prototype before making the final product,…
As part of the Faculty Development Program, a two day webinar on Intellectual Property was organised by Mansukhani Institute of Management, Mumbai in collaboration with BIAP on July 23 and July 24, 2020. Our lawyers, Abhishek Nangia and Shabnam Khan were invited to conduct the sessions on ‘Basics of Intellectual Property’ and ‘Counterfeiting of Trademarks’….
Sun Pharma Laboratories Limited (Sun Pharma), and BDR Pharmaceuticals have locked horns over the marks LABEBET and LULIBET. Sun Pharma is the registered proprietor of the trademark LABEBET in class 5 since 2009. Sun Pharma brought a trademark infringement and passing off action against BDR Pharmaceuticals International Pvt. Ltd. (BDR Pharma) and its contract manufacturer…
