Delhi High Court asks INTEX to pay Royalty for use of Ericsson’s Standard Essential Patents

Standard Essential Patent regime envisages a candid and transparent negotiation between a willing licensor (Patentee) and willing licensee (implementer). The regime incorporates mutual reciprocal obligations on both the Essential Patent holder and the implementer. It is not a ‘one way street’ where obligations are cast on the Essential Patent holder alone The Delhi High Court’s…


Delhi High Court holds, No exclusivity of Times Group over NOW!

Facts of the Case The Plaintiff company, popularly known as the Times Group, a media conglomerate operating since 1838, claims to be involved in various businesses, namely media, newspapers, broadcasting, entertainment, etc., through its subsidiaries and affiliates. Times Group claims to have used the series of marks containing TIMES and NOW for over a decade….


Privacy and publicity rights denied to a deceased Bollywood actor

Celebrity rights have emerged as a unique category of intellectual property rights over time. As a result, a celebrity has a special set of personality rights, privacy rights, and publicity rights. This post concerns the protection of privacy and publicity rights of Sushant Singh Rajput (‘SSR’), an actor who debuted in Bollywood in 2009 and…


Delhi High Court holds use of ‘MAYO’ for medical services is in bad faith

The parties in the suit are at odds over the use of the mark MAYO for medical, hospital, and healthcare-related business. The Plaintiff Mayo Foundation for Medical Education and Research (Mayo Clinic) filed a suit before the Delhi High Court against the Defendants Bodhisatva Charitable Trust and Ors. (BCT) for using the mark MAYO to…


Jaquar successfully asserts rights in ARTIZE mark over Villeroy Boch

The court restrained Villeroy from using the mark ARTIS, or any other mark identical or deceptively similar to Jaquar’s ARTIZE marks The court concluded that Villeroy used ARTIS in a trademark sense ARTIZE was not descriptive of sanitaryware In Jaquar Company Pvt Ltd v Villeroy Boch AG (CS (COMM) 777/2022), two well-known entities in the…


Pepsico objects to the use of MIRINDA for country-made liquor.

The use of the mark (Hindi transliteration for the word MIRINDA) in relation to country-made liquor is a cause of concern for Pepsico. Pepsico Inc. and Ors (Pepsico) filed the suit against the Defendant, Jagpin Breweries Limited and Ors (Jagpin), at the Delhi High Court alleging trademark infringement, passing off its mark MIRINDA. The High…


Making up to the coveted list of well-known trademarks

The debatable issue before the Court was whether, once the Court determines a trademark to be a well-known trademark, is the applicant required to pay the requisite fee along with filing of request on (Form TM-M) to be added to the List of Well-Known Trademarks maintained by the Registrar of Trademarks or should this process…