202401.04
24

Sulthan fails to restrain Sulthana

Two entities engaged in restaurant services vie for their rights before the Madras High Court. The Plaintiff, Paulsons Beauty and Fashion Private Limited, filed the suit against the Defendant, Sulthana Restaurant, alleging trademark infringement, passing off etc,. The Plaintiff seeks to restrain the Defendant from using the name Sulthana in relation to their business. This…

202312.14
24

‘Blenders Pride’ fails to restrain ‘London Pride’ and use of blue colour

This post discusses an appeal before the Division Bench (DB, Two Judge bench) of the High Court of Madhya Pradesh against the order of the Commercial Court, Indore. The Plaintiff, Pernod Ricard India Private Limited, (Pernod Ricard) had filed the suit against the Defendant, Karanveer Singh Chhabra Trading as J.K. Enterprises (Karanveer) alleging infringement of…

202312.14
25

China, India drive increase in global patent filings in 2022

Patent filings around the world jumped from 3.40 million in 2021 to 3.46 million in 2022, according to the latest World Intellectual Property Indicators Report. This development highlights three consecutive years of growth as far as global patent applications are concerned. The report further shows China and India had a lot to do with it,…

202312.13
25

Consumer Protection Authority notifies guidelines for prevention of “Dark Patterns”

In the dynamic business landscape, many businesses are pushing the digital medium to advertise their goods/services and connect with consumers. As companies jostle to increase their market share and brand recall, the tall claims are made. Resultantly, the boundaries between puffery and misleading advertisements is blurring. The Advertising Standards Council of India (ASCI) annual report…

202312.04
24

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,…

202311.15
24

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…

202311.08
24

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…

202310.25
24

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…