This is the second round of litigation between Cognizant Technologies Solutions (Cognizant) and Atyati Technologies Private Limited (Atyati). The bone of contention is the use of the logo as depicted below: Atyati brought this suit for trademark and copyright infringement at the Bombay High Court and the High Court vide its order dated March 19,…

This note discusses the judgement passed by the Delhi High Court in a suit filed by the Plaintiff, Pfizer Products Inc (Pfizer). Pfizer filed the suit to safeguard its trademark rights in “VIAGRA,” a well-known erectile dysfunction drug and to permanently restrain the Defendants, Renovision Exports Pvt. Ltd., and Others (Renovision) from marketing a homeopathic…

In the age of globalization, the importance of Intellectual Property Rights (IPR) has taken centre stage. Till now, the role of Customs was primarily collecting Customs duties and other indirect taxes. However, with the advent and the development of e-commerce the environment in which Customs operate altered dramatically. Although, civil, criminal, and administrative remedies are…

Infosys Limited (Infosys) brought an action against Southern Infosys Limited (SIL) seeking to restrain SIL from using Infosys’s registered trademark “INFOSYS” as part of its trade name. Infosys alleged that SIL’s use of its registered trademark risks misleading consumers and eroding Infosys’s unique brand identity. This case summary will provide an overview of the facts,…

Macleods Pharmaceuticals Ltd (MPL) relying on its rights in the prior used mark ALRISTA filed the suit at the Delhi High Court against the Defendant, Alkem Laboratories Ltd. & Anr, (Alkem) to restrain them from manufacturing, selling, or promoting their pharmaceutical product under the trademark ‘ALSITA’. MPL contends that ALRISTA and ALSITA are deceptively similar…

“In an ideal world, all good patents ought to be granted and all bad ones should be refused. How that is to be achieved given the ever-rising flood of applications and the ever-increasing importance of Chinese prior art, I have no real idea” [“IP and Other Things”-Robin Jacob at page 239] It is a settled…

Relaxo Footwears Limited (Relaxo) brought an action against XS Brands Consultancy Private Limited & Ors (XS Brands). Relaxo relying on its rights in the device/mark seeks to restrain XS Brands from using the mark in relation to footwear. Relaxo does not claim any rights per se over the letter ‘X’ but only in the stylised…

In the trademark dispute between A.O. Smith Corporation and Star Smith Export Pvt. Ltd over the marks AO Smith and Start Smith, the Delhi High Court held the marks to be similar and use of Star Smith to be trademark infringement. The court also emphasized the significance of the dominant portion of the mark and…

Atyati sought to restrain Cognizant from using any mark identical or deceptively similar to its registered device mark. Atyati argued that Cognizant’s application for registration in Classes 35 and 42 evidenced its intention to free-ride on the goodwill and reputation of the ATYATI mark. The court found that Atyati had made a prima facie case…

This note discusses the final judgement post-trial passed by the Madras High Court in a suit filed by the well-known tyre manufacturer MRF. The Plaintiff, MRF Limited filed the suit against the Defendant, Powermax Rubber Factory and Ors, (Powermax) alleging infringement of trademark, copyright, passing off, damages, etc. MRF relying on its rights in the…