Whether a statement made before the Trademark Registry in response to an examination report will act as an estoppel in a passing off action was the primary question in the instant suit. The Plaintiff, Insecticides (India) Limited (IIL) on the basis of its rights in the marks VICTOR and VICTOR formative marks in respect of…
When October 11 and 12, 2018 Where Hyatt Regency, Sydney, Australia Rajiv Suri, Partner and Ajay Kumar, Managing Associate attended 2018 Asia-Pacific Conference “Looking Beyond Trademarks” held in Australia. The conference was attended by representatives and attendees from several international law firms and corporate houses which had commercial interest in the region. Many…
Hindustan Unilever Limited (HUL) and Emami Limited (Emami) are locked in a battle to control market share over fairness cream for men. HUL’s product is marketed under the brand name “Men’s Fair & Lovely” and Emami’s under the name “FAIR AND HANDSOME”. The bone of contention is the advertisement in Hindi published by HUL pertaining…
Hennes & Mauritz AB (H&M), the famous clothing and accessories company was embroiled in a mega trademark dispute with HM Megabrands (Megabrands) before the Delhi High Court. The parties had a cross litigation in Bombay and Delhi courts. Megabrands brought groundless threat proceedings in Bombay and H&M filed a suit for trademark infringement and passing…
Fluid trademarks and slogans are excellent marketing tools as they engage customers and improve sales, but their enforceability remains challenging. Brands help businesses to create unique names and images for their products and services in consumers’ minds. The stronger the brand, the better its reach in attracting potential customers and retaining loyal ones. With the…
When 23-25 September, 2018 Where Hyatt Regency Hotel, Chicago, USA Ranjan Narula, Managing Partner and Daleep Kumar, Associate Partner attended 2018 IPO Annual Meeting held in Chicago. The attendees included several legal practitioners from international law firms and corporate houses. Along with networking platform and concurrent committee meetings, many stimulating sessions…
The online pharmacy business is currently estimated to be worth Rupees 3000 crores (approx US $ 400 million) and sales are growing 100 per cent every year. E-pharmacies have been lobbying with the government to acknowledge online pharmacy sector and create structured framework for conducting business. The Indian Government through Ministry of Health and Family Welfare notified…
Can you question novelty of design as a defence to infringement action? What is the impact of defendant seeking registration of a design and later claiming it lacks novelty? These among other issues were subject of dispute between two helmet manufacturers both claiming registration for their respective designs. The Plaintiff, Vega Auto Accessories (P) Ltd…
This post discusses the tussle between two well established pharmaceutical companies in relation to trademark being used on a diabetic drug. The Plaintiff, Sun Pharma Laboratories Ltd, (Sun) filed the action before the Delhi High Court against Lupin Limited (Lupin) and another alleging trademark infringement, passing off, etc. Sun filed the suit to safeguard its…
The Delhi High Court’s recent decision determining infringement of the Patent owned by Philips that were declared as Standard-Essential Patent (SEP) by European Patent office and US. Thus axiomatically an essential Patent in India has been widely welcomed by other SEP holders. The suit concerned DVD video player technology over which Philips has claimed Patent….
