202203.31
9

New Patent Suit rules to demystify patent litigation in India

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…

202203.28
9

Growing Importance of Trade dress to Brand Owners

In the current times, trade dress (e.g., packaging, colour scheme and overall appearance) along with a product name has a lasting impact on the consumer experience and brand recall. The trade dress of the product is being given special attention by the brand owners to distinguish their products from competitors and build affinity for their…

202203.07
9

AMPM mark falls short of being a well-known mark

The parties in this case AMPM Fashions Pvt. Ltd, the Plaintiff (AMPM ) and Akash Anil Mehta and others, the Defendants  (Akash) are locked in a battle, concerning the use of the trademark ‘AMPM’. The rival trademarks are set out below: AMPM Fashions Pvt Ltd, the Plaintiff (AMPM) filed the action before the Delhi High…

202203.03
9

The growing importance of brands in the healthcare sector

The Indian healthcare sector is expected to reach market size of US$ 500 billion by 2022. The key the key contributors to growth are rising income levels, greater health awareness, increased lifestyle diseases among the urban population, and improved access to insurance amongst others. As of July 2021, as per the data available, the number…

202202.25
9

What US brand owners must know about India TM filling Practice

Top Ten Tips about Indian trademark practice Indian trademarks law allows filing and registering a mark on the basis of “intention to use” the mark in India. Thus, unlike US trademark practice, brand owner is not required to show actual use of the mark before a mark is registered or within 6 months of registration….

202202.17
9

Moonshine is the real Baazigar!

As online gaming industry is gaining traction among the internet savvy generation, the disputes on branding and IP issues had to follow. The post discusses two entities operating online gaming platform pitted against other for the mark ‘Baazi’ (an urdu word that commonly refers to a ‘bet’ or ‘game’). The Plaintiff, Moonshine Technology Private Limited…

202202.11
10

Basmati battles beset producers in India

Basmati is India’s great contribution to the world of gastronomy. People the world over recognise it as a long grain aromatic rice grown in the foothills of the Himalayas. Basmati is popular due to its distinct flavour, aroma, taste, and soft and fluffy texture upon cooking. The agro-climatic conditions of the specific geographical region where…

202202.11
9

Madras High Court Reposes faith in ‘Dr Trust’ brand

The case highlights that due diligence must precede business diversification and new brand adoption. The Plaintiff, Nureca Limited (Nureca), filed the suit to restrain the Defendant, Thaker Brothers (Thaker) from using the mark Doctor’s Trust in relation to blood pressure monitors, pulse oximeters, blood glucose meters, infra-red thermometers. Thaker has filed application to set aside…

202201.19
9

Fantasy or Reality – Leveraging Technology for money Games

The craze for fantasy sports and other online games played with real money has skyrocketed with several apps mushrooming in last 2 years to catch consumers attention. A few of the popular ones are listed below Dream11.com. Paytm First Games. Qureka. Loco. My11Circle. Ace2Three. 8 Ball Pool. Pokerbaazi.com. According to a FICCI-EY report, the Indian…