India is removing policy barriers to attract investment, while policy initiatives designed to improve IP rights enforcement look set to yield results. However, the availability of infringing, counterfeit and lookalike products is also on the rise. To encourage IP rights holders to invest in the manufacture and distribution of their products in India, the government…

The Madras high Court in an Appeal from order of Intellectual Property Appellate Board (IPAB) opined the need and importance of the technical expert/ scientific advisor opinion in the patent disputes. Although, Section 115 of the Indian Patent Act provides for appointment of scientific advisor to assist the courts in providing opinion on technical aspect…

Recently, Amway Corporation (now known as Alticor Inc.) a direct selling company operating in consumer healthcare space obtained “John Doe” order from the Delhi High Court against the shopkeepers/stockist who were selling Alticor products through illegitimate and unauthorized channels. Alticor argued that they are a direct selling entity and in full compliance with the guidelines…

Whether a statement made before the Trademark Registry in response to an examination report will act as an estoppel in a passing off action was the primary question in the instant suit. The Plaintiff, Insecticides (India) Limited (IIL) on the basis of its rights in the marks VICTOR and VICTOR formative marks in respect of…

Hindustan Unilever Limited (HUL) and Emami Limited (Emami) are locked in a battle to control market share over fairness cream for men. HUL’s product is marketed under the brand name “Men’s Fair & Lovely” and Emami’s under the name “FAIR AND HANDSOME”. The bone of contention is the advertisement in Hindi published by HUL pertaining…

Hennes & Mauritz AB (H&M), the famous clothing and accessories company was embroiled in a mega trademark dispute with HM Megabrands (Megabrands) before the Delhi High Court. The parties had a cross litigation in Bombay and Delhi courts. Megabrands brought groundless threat proceedings in Bombay and H&M filed a suit for trademark infringement and passing…

Fluid trademarks and slogans are excellent marketing tools as they engage customers and improve sales, but their enforceability remains challenging. Brands help businesses to create unique names and images for their products and services in consumers’ minds. The stronger the brand, the better its reach in attracting potential customers and retaining loyal ones. With the…

The online pharmacy business is currently estimated to be worth Rupees 3000 crores (approx US $ 400 million) and sales are growing 100 per cent every year. E-pharmacies have been lobbying with the government to acknowledge online pharmacy sector and create structured framework for conducting business. The Indian Government through Ministry of Health and Family Welfare notified…

Can you question novelty of design as a defence to infringement action? What is the impact of defendant seeking registration of a design and later claiming it lacks novelty? These among other issues were subject of dispute between two helmet manufacturers both claiming registration for their respective designs. The Plaintiff, Vega Auto Accessories (P) Ltd…

This post discusses the tussle between two well established pharmaceutical companies in relation to trademark being used on a diabetic drug. The Plaintiff, Sun Pharma Laboratories Ltd, (Sun) filed the action before the Delhi High Court against Lupin Limited (Lupin) and another alleging trademark infringement, passing off, etc. Sun filed the suit to safeguard its…