India and the world witnessed two years of lockdown during which the most developed economies of the world fell apart. With the times so tough and economies facing the worst of their phase, the sector that gave a negative boom to the economies was counterfeits. Evolution of Counterfeits in Pandemic Counterfeiting is not a new…
SUBWAY, a popular sandwich chain, has sought an injunction against another eatery using the mark SUBERB. The Court, in its ruling, observed ‘SUBERB’ is not phonetically similar to ‘SUBWAY, ‘though both are words of two syllables. The first syllable, ‘SUB’ is common when used in the context of sandwiches, It is also well known that…
Whether the term’ HAIR SPA’ is generic, commonly understood, and used by consumers as a treatment for hair. Does the term denote the kind, quality, nature, and intended purpose of the goods? This Appeal against the order of the Commercial judge, District Court filed by Defendant/Appellants, Pornsricharoenpun Co. Ltd and Ors (Pornsri) at the Delhi…
The Free Trade Agreement between India and Australia, signed in April 2022, finally came into effect on December 29, 2022. As a result of the Economic Cooperation and Trade Agreement (ECTA), the market share of Indian Products is expected to increase from USD 10.5 Billion to USD 20 Billion in the next five years. The…
The Delhi High Court in its judgement dated 2nd August, 2022 examines the criteria of a “new and original design” and what constitutes trade dress infringement. The court in a suit for infringement of the registered design and passing off brought by Diageo Brands B.V. & Anr. (hereinafter ‘Diageo’) against Great Galleon Ventures Limited (hereinafter ‘Great Galleon)…
The similarity of marks ‘ASTRAL’ and ‘ASTRALGLEE’ are the subject of dispute between Astral Poly Technik Limited and Astralglee. Astral objected to the use of the mark ‘ASTRALGLEE’ in respect of essential oils and has sought an injunction based on their use and registration of the mark ‘ASTRAL’ in several classes, including class 3. Astral…
Pharma branding is difficult terrain. The inspiration for a brand name in the pharmaceutical field is often drawn from the pharmaceutical ingredient or ailment the product intends to cure. Thus, it is challenging to stop third parties from adopting the portion of the brand derived from drug composition or an International Non-Proprietary name (INN). The…
The words’ Fly Higher’ by Vistara Airlines, a JV company formed by Singapore Airlines and Tata Sons Private Limited trading as Tata Sia Airlines Ltd (Tata), is objected to by Frankfinn Aviation Services Private Limited (Frankfinn). Frankfinn alleges trademark infringement, passing off, unfair competition, etc,. and seeks to restrain Tata from using the words ‘Fly…
The Delhi High Court imposed exemplary costs in a suit for trademark infringement filed by Sun Pharmaceutical Industries Ltd https://sunpharma.com/ (the largest pharmaceutical company in India) against DWD Pharmaceuticals Ltd http://www.dwdindia.com/ (DWD). Sun alleged that DWD had copied their brand ‘FORZEST’ by adopting the mark’ FOLZEST.’ An ex parte ad-interim injunction was passed in favour of Sun…
HYVISC and ZYVISC mark used for ophthalmic preparations is the subject of the instant dispute between two entities in the pharmaceutical industry before the Chennai High Court. Unimed Technologies Limited and Ors (Unimed) filed the suit against Cadila Healthcare Limited and Ors (Cadila) alleging trademark infringement, passing off, rendition of accounts, etc., claiming rights over…
