Two entities engaged in restaurant services vie for their rights before the Madras High Court. The Plaintiff, Paulsons Beauty and Fashion Private Limited, filed the suit against the Defendant, Sulthana Restaurant, alleging trademark infringement, passing off etc,. The Plaintiff seeks to restrain the Defendant from using the name Sulthana in relation to their business. This…

This post discusses an appeal before the Division Bench (DB, Two Judge bench) of the High Court of Madhya Pradesh against the order of the Commercial Court, Indore. The Plaintiff, Pernod Ricard India Private Limited, (Pernod Ricard) had filed the suit against the Defendant, Karanveer Singh Chhabra Trading as J.K. Enterprises (Karanveer) alleging infringement of…

Patent filings around the world jumped from 3.40 million in 2021 to 3.46 million in 2022, according to the latest World Intellectual Property Indicators Report. This development highlights three consecutive years of growth as far as global patent applications are concerned. The report further shows China and India had a lot to do with it,…

In the dynamic business landscape, many businesses are pushing the digital medium to advertise their goods/services and connect with consumers. As companies jostle to increase their market share and brand recall, the tall claims are made. Resultantly, the boundaries between puffery and misleading advertisements is blurring. The Advertising Standards Council of India (ASCI) annual report…

If a physician desires his patient to be treated with AZIWOK, the patient must not end up taking AZIWAKE. Facts and Background The Plaintiff, Dr Reddy’s Laboratories (DRL), filed the suit against Defendant (Smart Laboratories) to protect its registered mark ‘AZIWOK’ and sought an injunction against Smart Laboratories of a deceptively similar mark (phonetically, visually,…

Considering that the parties deal in an identical sphere of business, it is incomprehensible that the Plaintiff was not aware of the Defendant’s hospital. The Plaintiff’s contention that they had become aware about the existence of the Defendant’s hospital only in the year 2022 prior to filing of the suit appears to be farfetched. Apollo…

The High Court of Karnataka refused to quash the FIR registered by a music company MRT Music (“Respondent”) against Congress leaders, namely, Rahul Gandhi, Jairam Ramesh and Supriya Shrinate (“Petitioners”) over the alleged copyright infringement by unauthorised use of a song from the film “KGF Chapter 2” in the promotional video for Bharat Jodo Yatra…

The Court, in its judgment, noted: A perusal of the inventory prepared by the Court-appointed Local Commissioner would show that the quantum of goods seized is substantial and that the Defendant is running a full-scale manufacturing operation concerning counterfeit PUMA shoes. The inventory, which the Local Commissioner prepared on a particular day, shows that approximately…