Background An interesting case has come up at the Delhi High Court on playing music/sound recording at the ‘marriage ceremonies’ which fall under the fair use exception under the Copyright Act. The case has been brought by Phonographic Performance Limited (PPL) that claims to be a performance rights organization that licenses its members’ sound recording…

A Taiwanese and Chinese company fight out for rights in the mark HTC at the Delhi High Court. Plaintiff, HTC Corporation claims prior adoption and use of HTC for mobile phones and computing products. Defendants, Mr. L V Degao & Ors claim rights over the identical mark for trimmers and clippers. Both parties have registered the…

In the changing business landscape, many businesses use the digital medium to promote their services, and many new companies have emerged that are digital-only. The last two years of COVID-related disruption has caused many businesses to work on their digital strategy to connect with consumers and grow their market share. The Advertising Standards Council of…

Dynamism is a characteristic feature of the Information technology sector that facilitates E-commerce. When consumers and businesses were just getting comfortable with traditional e-commerce, a new business model evolved owing to the demand for sustainability and profitability. This business model, which is a sub-set of E-commerce, is driven by the upsurge in the usage of…

This order passed by the Delhi High Court emphasizes the perils of suppressing material facts when seeking an interim injunction. Plaintiff, Kent RO System Ltd, and Ors filed the suit against the Defendants, Gattubhai and Ors, alleging trademark infringement, passing off, etc., and restraining the latter from using the mark ‘KENT’ concerning their business. The…

Two entities using an identical mark ‘RPG’ an acronym of their names vie for rights before the Bombay High Court. Plaintiff, RPG Enterprises Limited (RPGL), filed the suit against the Defendants, Riju Ghoshal and Ors (Riju), alleging trademark and copyright infringement and passing off. The post covers the arguments of the party concerning a preliminary…

Sharbat, a drink made from plant and flower extract with sugar is a popular summer drink in the Indian sub-continent. Buying a bottle of sharbat may involve emotions but those who appreciate this deep emotion would be the first to be able to distinguish between ‘Rooh’ (spirit) and ‘Dil’ (heart), the Delhi High Court said…

This order passed by the Delhi High Court emphasises the complexity of enforcing rights tag lines/slogans used in advertising a brand. Plaintiff, Red Bull AG (Red Bull) filed the suit against Defendant, Pepsico India Holdings Pvt Ltd & Anr (Pepsico), alleging trademark infringement and restraining the latter from using the tagline ‘STIMULATES MIND. ENERGIZES BODY’….

This note discusses the perils of suppressing material facts while seeking ex-parte injunction and the ensuing consequences. The Plaintiff, OM Logistics Ltd, (OML) filed suit before the Delhi High Court against the Defendant, Mahendra Pandey (Mahendra) alleging trademark infringement and passing off and to restrain the latter from using the mark/name ‘OM Logistics’ in relation…

In the last two decades, India has seen a rising number of patent disputes in several technology fields, including pharmaceuticals, electronics, biotechnology, and telecommunications. In the absence of special IP courts, it is challenging for the Judges to adjudicate technical matters that require expertise in the respective domain. While the Judges are experienced in applying the…