Drugs are prescribed based on their perceived efficacy

If a physician desires his patient to be treated with AZIWOK, the patient must not end up taking AZIWAKE. Facts and Background The Plaintiff, Dr Reddy’s Laboratories (DRL), filed the suit against Defendant (Smart Laboratories) to protect its registered mark ‘AZIWOK’ and sought an injunction against Smart Laboratories of a deceptively similar mark (phonetically, visually,…


Delhi High Court awards ten lacs damages in a TM infringement and passing off suit filed by Puma

The Court, in its judgment, noted: A perusal of the inventory prepared by the Court-appointed Local Commissioner would show that the quantum of goods seized is substantial and that the Defendant is running a full-scale manufacturing operation concerning counterfeit PUMA shoes. The inventory, which the Local Commissioner prepared on a particular day, shows that approximately…


Himalaya restrains Wipro from using the EVECARE mark

Use of the mark ‘Evecare’ in relation to woman care products is the gist of the issue in the instant dispute before the Delhi High Court. The Plaintiff, Himalaya Wellness Company and Ors (Himalaya) filed the suit against the Defendant, Wipro Enterprises Private Limited (Wipro) alleging infringement of trademark, passing off and ancillary reliefs. The…


Delhi High Court holds stock trading feature in Fantasy games not original- sets aside injunction granted to Hulm Entertainment

Two entities in the online gaming industry vie for their rights before the Delhi High Court. The Plaintiff, Hulm Entertainment Pvt. Ltd (Hulm) filed the suit against the Defendants, Fantasy Sports Myfab11 Pvt. Ltd and Ors, (Fantasy Sports), alleging copyright infringement, unfair trade practice, etc. Hulm sought an injunction against Fantasy Sports from making available…


Supreme Court stays High Court’s order on Chandrika Soap

Facts and Background M/s Wipro Enterprises Limited (Wipro) brought a suit against the M/S Mariyas Soaps And Chemicals (Mariyas) at the Additional District Court (VI), Ernakulam claiming that their mark is similar to . Both marks are being used for soaps. Wipro uses it for ayurvedic soap and Mariyas for washing soap and detergents. The…


Mankind not so kind to ‘Novakind’

Two entities in the pharmaceutical industry vie for their rights before the Delhi High Court. The Plaintiff, Mankind Pharma Limited filed the suit against the Defendant, Novakind Bio Sciences Private Limited alleging trademark infringement, passing off, etc. The High Court was pleased to pass an ex-parte injunction at the admission stage. The Defendant has filed…


The challenge of disseminating educational material digitally

Facts:- Plaintiff, M/s Jainemo Private Limited ( Jainemo), a company that prepares and sells educational material and vocational courses, including courses on coding, computer programming, website development, etc. ‘Jainemo’ has been imparting its business through its website, www.apnacollege.in, accessed by many persons who wish to avail of courses disseminated and taught by ‘Jainemo.’ Jainemo offers…


How and why of Standard Essential Patents (SEPs) licencing in India:

Standard Essential Patent (SEP) regime envisages a candid and transparent negotiation between a willing licensor (Patentee) and willing licensee (implementer). The regime incorporates mutual reciprocal obligations on both the Essential Patent holder and the implementer. It is not a ‘one way street’ where obligations are cast on the Essential Patent holder alone, rather it is…