202309.26
24

Sun Pharma and Glenmark locked in trademark tussle

Two big players in the pharmaceutical industry battle it out before the Delhi High Court. The Plaintiff, Sun Pharma Laboratories Limited (Sun Pharma) relying on its rights in the ISTAMET and formative marks has filed the suit against Glenmark Pharmaceuticals Limited (Glenmark) alleging trademark infringement and passing off and to restrain the latter from using…

202309.23
25

Mr. Daleep Kumar’s informative session on trademark enforcement and emerging challenges in IP law at NLU, Jodhpur on September 23, 2023

  “Mr. Daleep Kumar had the privilege of delivering a talk on trademark enforcement and emerging challenges in intellectual property law at NLU, Jodhpur, on September 23, 2023. He found the experience truly delightful and extends his sincere appreciation for the opportunity to share knowledge and insights with the distinguished audience. The students demonstrated exceptional…

202309.11
24

Phone Pe fails to restrain DigiPe

This is an order passed by the Division Bench (two judge bench DB) of the Madras High Court in an appeal filed by the Appellant, Phonepe Private Limited. Phonepe is a widely used mobile phone application in India for digital payments and financial services. The mark Phonepe is a combination of English word Phone and…

202308.30
24

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…

202308.30
24

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…

202308.28
24

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…