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…
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…
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)…
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…
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…
Indian Government to attract foreign direct investment (FDI) eased FDI norms for SBRT in the year 2019 vide Press Note 4 (2019). The press note allowed the foreign SBRT companies to first set up their own online stores in India and later follow it up with the setting up of physical stores – for which…
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…
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…
Our Managing Partner, Mr. Ranjan Narula moderated an interesting panel discussion on “From e-commerce to retail ecosystems” at Brand Strategy India, held in Mumbai on February 24, 2020. The packed one-day event put together by World Trademark Review, methodized around four focused sessions with some of the top thought leaders from the industry. The distinguished…
The conceptual similarity of marks ‘Make My Trip’ and ‘Make My Travel’ and their abbreviation MMT is bone of contention between the parties in travel business. Make My Trip (MM Trip) filed a suit for trademark infringement and passing off against Make My Travel (MM Travel) alleging violation of statutory and common law rights in…
