202209.15
14

‘Safe harbour’ to Flipkart both for Civil and Criminal liability

Flipkart Internet Private Limited (Flipkart), the well-known e-commerce entity has filed this writ petition before the Delhi High Court to quash the First Information Report (FIR) registered against it under Sections 63 of the Copyright Act, 1957 and Sections 103/104 of the Trademarks Act, 1999, and all proceedings thereto. The criminal proceedings were initiated on…

202209.02
14

Delhi High Court frowns upon use of ‘Hillxxx’ for Energy Drinks

The crux of the dispute between the parties is the brand name and packaging of the energy drink manufactured and marketed by Hell Energy Magyarorszag Kft (hereinafter Hell Energy) under the brand name HELL with distinctive packaging, depicted below. The Defendant, Shri Brahm Shakti Prince Beverages Pvt. (hereinafter Prince Beverages) has allegedly copied the brand name…

202208.10
14

The Stringent Deadlines of the Patent System

The Indian patent system works on several deadlines throughout the patent prosecution cycle. While some of the deadlines are extendible, there is no flexibility in others, and as a result, missing them can result in the abandonment of the patent application. Thus, compliance with the statutory deadlines is critical to safeguard exclusive rights over the…

202208.09
14

Delhi High Court Confirms Internet Downloaded Evidence is Admissible

In its recent judgment ‘Excitel Pvt. Ltd. vs. The Registrar of Trade Marks’, the Delhi High Court has addressed the admissibility of internet extracts as evidence in trademark proceedings before the Trademarks Office. The Court observed that rejecting internet or website extracts as evidence of use of a mark in trademark proceedings on the ground…

202208.02
13

Delhi High Court allows the sale of allegedly infringing goods to balance equities and maintain public interest

Alkem Laboratories Ltd (Alkem) has approached the Delhi High Court seeking permission to sell the existing stock of the product ‘ALDIGESIC PAIN RELIEF’ pending the final case decision. Laborate Pharmaceuticals India Ltd (Laborate) alleged that Alkem’s product packaging of ‘ALDIGESIC’ product was similar to the product sold by them under the mark ‘LABDIC RELIEF’. The…

202207.15
13

Honest and Concurrent Use – A Defence against Trademark Infringement Claim

This post covers a recent judgement of the Delhi High Court titled ‘KEI Industries Limited vs. Raman Kwatra & Anr.’ that focuses upon the issue- whether honest and concurrent use can be asserted as a defence against trademark infringement. The Plaintiff (KEI Industries) filed the suit against the Defendants alleging trademark infringement against use of…

202207.14
11

Tips for brand owners to navigate India’s IP landscape

To attract investment from companies and IP holders to manufacture and distribute their products in India and to assure brand owners that their rights are safeguarded, the Indian government has taken several steps to streamline enforcement procedures. The setting up of commercial courts to deal with IP disputes and, recently, establishing the IP Division at…

202207.13
11

Google Ads program under scrutiny by the Delhi High Court

Google AdWords Program (now known as Google Ads) is a cause for consternation among brand owners. The keywords offered by Google as part of the Google Ads program, on which advertisers can bid, includes trademarks. As a result, the trademark owners and their competitors can bid for the keywords linked to the Google search algorithm…

202207.13
11

V-Guard and Crompton battle out over ‘Pebble’

An engaging tussle between two well-known entities operating in the electrical consumer goods industry over the word ‘Pebble’ being used as a sub-brand has reached the Delhi High Court. V-Guard Industries Ltd (V-Guard) filed the suit alleging trademark infringement, passing off, etc., against Crompton Greaves Consumer Electricals Limited (Crompton), seeking an injunction from using the…