Whisky Wars Over Bottle Design

The Delhi High Court in its judgement dated 2nd August, 2022 examines the criteria of a “new and original design” and what constitutes trade dress infringement. The court in a suit for infringement of the registered design and passing off brought by Diageo Brands B.V. & Anr.  (hereinafter ‘Diageo’) against Great Galleon Ventures Limited (hereinafter ‘Great Galleon)…


Session on ‘Geographical Indications’ on January 13, 2023

  Mr. Ajay Kumar, Managing Associate, RNA – Our Managing Associate, Mr. Ajay Kumar conducted a session on ‘Geographical Indications’ on January 13, 2023 as part of awareness programme on IPR. It was organized by Cell for IPR Promotion and Management (CIPAM) in collaboration with MSME, DFO-Shillong. Ajay discussed about the Geographical Indications, its importance…


No glee for ‘ASTRALGLEE’- Delhi High Court holds it similar to ASTRAL

The similarity of marks ‘ASTRAL’ and ‘ASTRALGLEE’ are the subject of dispute between Astral Poly Technik Limited and Astralglee. Astral objected to the use of the mark ‘ASTRALGLEE’ in respect of essential oils and has sought an injunction based on their use and registration of the mark ‘ASTRAL’ in several classes, including class 3. Astral…


Delhi High Court allows Vistara Airlines to use ‘Fly Higher’

The words’ Fly Higher’ by Vistara Airlines, a JV company formed by Singapore Airlines and Tata Sons Private Limited trading as Tata Sia Airlines Ltd (Tata), is objected to by Frankfinn Aviation Services Private Limited (Frankfinn). Frankfinn alleges trademark infringement, passing off, unfair competition, etc,. and seeks to restrain Tata from using the words ‘Fly…


Cost of INR 1 million (approx. US $ 12,300) imposed on Sun Pharmaceuticals for the concealment of material facts

The Delhi High Court imposed exemplary costs in a suit for trademark infringement filed by Sun Pharmaceutical Industries Ltd https://sunpharma.com/  (the largest pharmaceutical company in India) against DWD Pharmaceuticals Ltd http://www.dwdindia.com/ (DWD). Sun alleged that DWD had copied their brand ‘FORZEST’ by adopting the mark’ FOLZEST.’ An ex parte ad-interim injunction was passed in favour of Sun…


Phonetic and Ocular Similarity is a conclusive test for infringement

HYVISC and ZYVISC mark used for ophthalmic preparations is the subject of the instant dispute between two entities in the pharmaceutical industry before the Chennai High Court. Unimed Technologies Limited and Ors (Unimed) filed the suit against Cadila Healthcare Limited and Ors (Cadila) alleging trademark infringement, passing off, rendition of accounts, etc., claiming rights over…


Collaborating with Influencers for Brand Promotion

Businesses have worked with celebrities since the early days of advertising. Many advertising campaigns and brands have been inescapably linked with celebrities such as Michael Jackson for Pepsi or Michael Jordan for Nike. In today’s digital world, we have seen the rise of a new type of brand ambassador known as ‘Influencer’. These are everyday…