The Delhi High Court has ruled in favor of Opella Healthcare Group (“Petitioner”) in its bid to protect its mark “PHENSEDYL.” The dispute revolved around the Respondent’s (Vaibhav) mark “PHENSERYL” and its associated artistic work, which the Petitioner argued were deceptively similar to their well-known trademark. The Petitioner has also obtained an injunction from the…

The case highlights that apart from claims of ‘trade secrets’ and ‘confidential information’ the attorneys working with a law firm are bound by attorney client communication being privileged and cannot be divulged to a third party under any circumstances. Sharing such information and communication would not only be unethical but also a breach of the…

Zydus Healthcare Ltd. (“Zydus”) and Alder Biochem Pvt. Ltd. (“Alder”) are at loggerheads over the mark BIOCHEM. Zydus brought trademark infringement and passing-off lawsuit against Alder’s use of the mark ALDER BIOCHEM as its trade name. Zydus alleged that a) Alder’s use violated its intellectual property rights over the trademark BIOCHEM b) Alder’s adoption of…

Facts and Background The Plaintiffs, AstraZeneca, filed a suit (CS (Comm.) 101/2022) at the Delhi High Court seeking a permanent injunction to restrain the Defendant, Westcoast Pharmaceutical Works Limited from infringing their patent IN 297581. The Patent was for the novel compound Osimertinib, used for treating specific types of non-small cell lung cancer. In January…

The Madras High Court was dealing with the cancellation petition filed by V. Lakshminarayanasamy, the Petitioner, who is the registered owner of the trademark in Class 7 for motors and fans. The Petitioner is aggrieved by the registration of an identical mark in favour of the Respondent, Siva Bhaskaren. This note discusses the contentions raised…

The claims define the scope of the invention and must be read along with the complete specification. Background The subject matter of the patent in this case is an “Air Tight Fuel Cap”. The patent, registered as patent no. 427110, involves a fuel cap designed to be secured intermittently to a fuel filler neck attached…

Healthwashing refers to marketing strategies that make products appear healthier by highlighting certain ingredients or qualities, while downplaying or omitting other less desirable aspects. This misleading practice can have significant implications, especially when consumers rely on these claims for decisions that impact their health. Terms like “all-natural,” “fat-free,” and “immunity-boosting” are used to create an…

The case involves a dispute between V. Rangasamy Naidu Educational Trust (Petitioner) and Parthasarathy Seniammal Educational Trust (Respondents) over the use of the trademark “CIT” in the field of education. The Petitioner claims use of the mark since 1956 and is the registered proprietor, seeks the cancellation of the Respondents’ registration of the mark in…

The case involves an appeal by COMVIVA TECHNOLOGIES LIMITED (C.A.(COMM.IPD-PAT) 492/2022) against the decision of the Assistant Controller of Patents and Designs. The Controller refused the patent application titled “Methods and Devices for Authentication of an Electronic Payment Card using Electronic Token” on the grounds that the claims were in the nature of a business…

Case Background: Hatsun Agro Product Limited (Petitioner) sought to remove the trademark ‘VARUN’ used by the Respondent Balakrishnan Nair for ice creams, claiming it was similar to their trademark ‘ARUN’ used by them since 1970. This note examines the core arguments put forward by the parties and the order passed by the Court. Petitioner in…