The post discusses an interesting decision by the Delhi High Court on similarity of marks BOAT and BOULT used for consumer electronic devices such as earphones, headphones, speakers, and other accessories. Imagine marketing Pvt. Ltd (“Plaintiff”), owner of the mark BOAT has brought this action against Exotic Mile (“Defendant”), owner of the mark BOULT alleging…

The two dominant players in cigarette category ITC Limited, (ITC) and Godfrey Philips (India) Limited (Godfrey) are pitted against each other over the use of mark FLAKE, and its packaging. ITC took Godfrey to Bombay High Court seeking injunctive relief for infringement of copyright, trademark and passing off in relation to use of similar trademark,…

“In photography, there is a reality so subtle that it becomes more real than reality.”– Alfred Stieglitz It is a typical lockdown day. I take a photo of beautiful rain drops falling on my patio, and I enjoy it sipping a cup of tea. A picturesque moment! I click a photo, upload it on Instagram…

The matter pertains to use of the mark/name CHIREC for educational institute (Higher Secondary and High School), one in Hyderabad and the other in a remote district (Madhugiri Taluk) in the state of Karnataka. CHIREC is allegedly a coined word derived from ‘Children’s Recreation Centre’. Both parties assert rights over the mark/name CHIREC. The post…

In a much awaited decision, the High Court of Madras has finally cleared the air in the dispute regarding use of the words MAGIC/ MAGICAL and MASALA (a mixture of different spices used in Indian cooking) for food products. In 2013, the conflict had arisen between the two well established FMCG companies ITC Limited (“ITC”)…

This case brings about some interesting takeaways on the questions of facts, issues, and jurisdiction in the context of copyright infringement by a company currently undergoing insolvency process. The ruling clarifies that (a) a corporate debtor that is subject of insolvency proceedings, the infringement of intellectual assets by it is to be determined by National…

This post analyses the challenges of protecting engineering or technical drawing that are likely to be transformed into a product. Should it be protected as an “artistic work” under the Copyright Act or as a “design” under the Designs Act? For a commercial enterprise, generally, a drawing follows a prototype before making the final product,…

Sun Pharma Laboratories Limited (Sun Pharma), and BDR Pharmaceuticals have locked horns over the marks LABEBET and LULIBET. Sun Pharma is the registered proprietor of the trademark LABEBET in class 5 since 2009. Sun Pharma brought a trademark infringement and passing off action against BDR Pharmaceuticals International Pvt. Ltd. (BDR Pharma) and its contract manufacturer…

The use of a mark for export trade is sufficient to maintain an action for trademark infringement and passing off The delay coupled with non-disclosure of knowledge of use can affect obtaining an interim injunction which is a discretionary relief. The Plaintiff, Ajanta Pharma Ltd (Ajanta), the registered proprietor of the mark AMADAY filed suit…

The business opportunities emerging from health scare caused by coronavirus pandemic, has resulted in many small and big pharmaceutical companies worldwide filing for trademarks containing the word CORONA. India is not far behind. A search in class 5 shows 25 pending applications for the marks containing the expression CORONA. All of the marks have been…