202004.09
16

Chinese Spice Mix or Masala battle reaches Bombay High Court

The parties in the suit are at odds over brand names of spice mixture popularly known as ‘masala’ sold under the name ‘White Chinese Pepper Masala’ and ‘Black Chinese Pepper Masala’. Sky Enterprise (Sky), Plaintiff filed a suit before the Bombay High Court restraining Abaad Masala (AM), Defendant  from using the marks ‘White Chinese Pepper…

202004.08
16

FAQ’s on Well-Known Trade Marks

Are well known marks protected in India? Yes, well known marks are protected in India. There are specific provisions under the Trade Marks Act, 1999 and procedure to record well known trade marks in India is provided under the Trademarks Rules, 2017 enacted under the Act, 1999. Prior to March 2017 there was no procedure…

202004.07
15

Acquiescence is not silence or inaction

Does use of a trademark post retirement from the partnership business would result in violation of rights? What would constitute acquiescence? These are the two main issues of conflict between the parties in catering business. The Plaintiff, Rajesh Kumar Agarwal & others (Rajesh) filed suit before the Calcutta High Court alleging trademark infringement, passing off…

202004.03
15

Rights over ‘MATRIMONY’ in the digital world

This post discusses on-going battle over ‘MATRIMONY’ marks. The word Matrimony is being offered by Google and used by various third parties along with various prefixes as key words to attract internet traffic as part of Google ‘Adwords’ program (now known as Google Ads). Matrimony.com has objection to such use by parties. The primary issues…

202003.24
15

Peps and Kurlon battle out over ‘No Turn”

Should a prior used mark though used intermittently be given higher threshold and protection than registered mark? The two companies in mattress trade are loggerheads over use of the mark NO TURN. The Plaintiff, Peps Industries Private Limited (Peps) filed the suit alleging trademark infringement and passing off to restrain the Defendant, Kurlon Limited (Kurlon)…

202003.23
15

Rajasthan High Court holds NEERAJ/NIRAJ not similar to NIRAB

Will difference in pronunciation in certain parts of the country leading to phonetic similarity be sufficient to grant an order of injunction? This is the crux of the issue in the instant appeal before the Division Bench (two judge bench) of the High Court of Rajasthan. The Plaintiff, Deepak Vegpro Private Limited (Deepak) filed the…

202003.20
15

Fourth factor in Pharma patent infringement cases

This post analyses the weightage of fourth factor that is ‘public interest’ in granting interim injunction in the pharmaceutical cases in light of an ex parte interim injunction granted in Novartis Ag & Anr vs Sun Pharmaceutical Industries [CS(COMM) 85/2020]. Facts Novartis Ag (hereinafter ‘Novartis’) on the basis of a patent (IN 237430) for their…

202002.27
0

IPBC India, Bengaluru

Our Partner, Ms. Rachna Bakhru moderated an insightful panel discussion on “Protecting trade secrets and data” at IPBC India, held in Bengaluru on February 27, 2020. The very structured, market-leading, one-day event was put together by IAM. The six highly focused sessions had avid participation from in-house counsels as well as some of the leading…

202002.25
0

Workshop on IPR Management and Awareness at National Law University (NLUO), Bhubaneswar, Odhisha

Intellectual Property Analysis and Advocacy Centre (IPAAC) of NLUO in collaboration with Cell for IPR Promotion and Management (CIPAM), organized a 2-day Workshop on IPR Management and Awareness at National Law University (NLUO), Bhubaneswar, Odhisha on 24-25 February, 2020. Our Partner, Mr. Rajiv Suri, conducted an informative session on “Building brand value by Trade Mark…