202105.04
21

India remains on USTR 301 watch list

The Office of the United States Trade Representative (USTR) recently released Annual Special 301 report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property rights. As part of this exercise, USTR reviewed more than one hundred trading partners for this year’s Special 301 Report and placed thirty-two (32) of…

202105.03
21

Serum Institute defends its rights over COVISHIELD

COVISHIELD, the Astra Zeneca developed vaccine, and manufactured by Serum Institute in India to prevent Covid19, is the subject of a trademark dispute between two entities operating in the pharmaceutical trade. Cutis Biotech (Cutis), the Plaintiff, filed the suit before the Commercial Court, Pune, alleging passing off to restrain the Defendant, Serum Institute India Private Limited (Serum…

202104.30
21

Rules of the club

  A dispute between InterDigital and Xiaomi highlighted the delicate balance between confidentiality and fair opportunity in SEP disputes, say Ranjan Narula and Suvarna Pandey of RNA Technology and IP Attorneys. The objective of forming a ‘Confidentiality Club’ during patent or trade secret litigation matters has become a standard protocol to keep the business-sensitive documents/information…

202104.27
21

Tanman is not similar to Atmantan

  Bombay High Court heard an appeal against the order of the Ad-hoc District Judge-6, Pune, in a trademark infringement and passing off dispute, dismissing the injunction application filed by the Plaintiff. The Plaintiff, Sharmilee Kapur and Ors (SK) filed the suit before the District court against the Defendant, Kiran Bharekar (Kiran) alleging trademark infringement….

202104.22
21

A delicate balance: IP rights and the public interest

The COVID-19 pandemic continues to take a heavy toll on families, communities, and nations the world over. As the virus spreads, companies and nations are racing to build vaccines and drugs to benefit society at large and, of course, tap a business opportunity. As the vaccine trials reach stage II and III, the plan for…

202104.19
21

Court rejects lack of jurisdiction plea in a quia timet action

A short but interesting point regarding jurisdiction comes up for consideration in the instant dispute between two entities in the healthcare industry. The Plaintiff, Cadila Healthcare Limited (Cadila) filed the passing off action against the Defendants, Uniza Healthcare LLP and another (Uniza) before the Delhi High Court, to safeguard its rights in the mark ZYCLEAR…

202103.22
21

Prior use turns the scales in favour of Cremo

Two entities dealing in milk and dairy products vie for rights in the mark/name CREMO before the Punjab & Haryana High Court. The Plaintiff, Cremo S.A., (Cremo S.A), filed the suit before the District Court, Faridabad (Haryana), against the Defendants, Cremo Netureal Milk LLP & another (CNML), alleging passing off. Cremo S.A., a swiss company,…