The Intellectual Property Office of the Philippines (IPOPHL) has introduced a new framework for the registration of well-known trademarks, effective April 2025. Key highlights: Ex-parte declaration process – no litigation required Validity: 10 years, with the option for renewal Serves as prima facie evidence in infringement proceedings Provides enhanced legal protection and enforcement leverage Public…
The main issue in this appeal was the validity of the non-solicitation and non-compete clause in the Employment Agreement under Section 27 of the Indian Contract Act (ICA). The court held that any terms of the employment contract that impose a restriction on the right of the employee to seek employment post-termination are void under…
No confusion between a sanitary pad and medicine designed for constipation relief. The Delhi High Court dismisses Appeal in Trademark Dispute Between RSPL and Sun Pharma. The court concluded that there was no likelihood of confusion between the two trademarks, PRO-EASE (of RSPL) and PRUEASE (of Sun Pharma) considering the distinct nature of the goods,…
The article discusses an Appeal (FAO(COMM)114/2024) in a Patent infringement case concerning two Patents pertaining to tamper-evident and tamper-proof lids. The commercial court had initially granted an injunction which it later set aside. The judgment addresses the correctness of the commercial court’s order setting aside the interim injunction and clarifies legal principles relating to patent…
Our Associate Partner, Shabnam Khan, recently delivered an insightful online presentation to students of Grades 10 and 11 at Lotus Valley International School, Noida. The session focused on the critical issue of brands, counterfeiting, and its far-reaching impact on consumers and the global economy, an area that continues to pose significant challenges for businesses and…
In India, humour, parody, and satire have always been a big part of public conversations. They are great for challenging societal and political norms and speaking out against institutions, politics, and even big companies. In the context of parody and satire by stand-up comedians, in the case of Ashutosh Dubey Vs. Netflix Inc and Others1…
In a recent ruling Yamaha Hatsudoki Kabushiki Kaisha vs The Registrar of Trade Marks, Comm (Misc) 650 of 2022, the Bombay High Court has set aside the order of the Registrar refusing Yamaha’s ‘WR’ mark based on Honda Motor Company Ltd.’s “WR-V” trademark registered in class 12. The Court while setting aside the order emphasized…
Background The Plaintiff, Kabushiki Kaisha Toyota Jidoshokki (Toyota), Japan, filed a patent infringement lawsuit against LMW Limited (“defendant”) for alleged patent infringement related to Indian Patent IN759 titled “Fiber Bundle Concentrating Apparatus in Spinning Machine.” The plaintiff/Toyota sought to restrain the defendant from using and selling the defendant’s product Spinpact or any other product infringing…
Goethe-Institut sued the defendants for unauthorised use of the marks MAX MUELLER and MAX MUELLER INSTITUTE for similar educational services The court noted that a passing-off action will lie even against a registered trademark owner The plaintiff has been using MAX MUELLER BHAVAN to identify its institutes since 1957, while the defendants adopted the mark…
The Delhi High Court granted Amazon Technologies Inc. (Amazon Tech) a stay on the operation of the decree awarding ₹336,02,87,000/- (approx. US$ 390 Million) plus costs for trademark infringement, highlighting serious procedural irregularities, lack of pleadings and evidence against Amazon Tech, and improper enhancement of damages. The judgment primarily deals with an application by Amazon…
