The question whether cross examination is a discretionary remedy or a substantive right has come up before the Delhi High Court in context of post-grant oppositions filed against Novartis by three different Respondents with Controller General of Patents being pleaded as Respondent no 1, a) Indian Pharmaceutical Alliance (IPA) b) Micro Labs Limited and c)…

G.B. Pachaiyappan and others, as plaintiffs, approached the Madras High Court against Tamilaga Vettri Kazhagam and others, the defendants, alleging trademark infringement, copyright violation, and passing off, among other claims. Alongside the main suit, the plaintiffs also moved for interim relief by way of an injunction. This article examines the arguments presented by both parties…

Saint Gobain Glass France vs Assistant Controller of Patents & Asahi India Glass (C.A. (COMM.IPD-PAT) 13/2024- Delhi High Court Background The dispute centres around Indian Patent Application No. 201717045317, titled “Material comprising a stack of thin layers” filed by Saint Gobain Glass a French company specializing in glass products for various industries. The application was…

The Delhi High Court dismissed an application for interim injunction filed by Wow Momo Foods Private Limited, which sought to restrain the Defendants, Wow Burger & Anr, from using the mark “WOW BURGER.” The Plaintiff alleged infringement of its marks “WOW!” and “WOW! MOMO,” contending that “WOW!” was the dominant and distinctive feature of its…

Atomberg Technologies Pvt. Ltd. recently escalated its legal battle against Luker Electric Technologies Pvt. Ltd. to the Division Bench (DB, Two Judge Bench) of the Bombay High Court, following the refusal of a Single Judge to grant an interim injunction in a suit alleging design infringement and passing off. The case revolves around Atomberg’s claim…

Two recent decisions from the Delhi High Court highlight the risks of building brands around common or laudatory terms. In Yatra.com, [CS(COMM) 1099/2024] the Court held that “Yatra” (meaning “journey/travel”) is descriptive and part of everyday parlance. The Plaintiff could not establish that the word had acquired a secondary meaning exclusively pointing to its services….

The Delhi High Court has stepped into a trademark tussle between Waterways Leisure Tourism Pvt. Ltd. (WLTP), the company behind Cordelia Cruises, and a group of defendants operating under the name Cordelia Inn. The core issue is whether the use of “Cordelia” by both sides in the hospitality industry creates a likelihood of confusion among…

A patent application filed for a formulation or composition typically involves at least one active pharmaceutical ingredient (API) that is combined with various excipients. The excipients are substances that serve as carriers, stabilizers, solubilizers, preservatives, or enhancers of bioavailability. The resulting formulations not only deliver the API effectively but also improve their safety, stability, shelf-life,…

A design can have both functional and aesthetic elements. Protection is granted if the design is not dictated solely by function and there exist alternative designs to achieve the same function. The Bombay High Court recently addressed a dispute concerning allegations of design piracy and passing off between Travel Blue Products India Pvt. Ltd. (TBPL)…

The primary issue in this appeal before the Supreme Court is whether Pernod Ricard (the Appellant) is entitled to an interim injunction restraining Karanveer Singh Chhabra (the Respondent) from using the “LONDON PRIDE” trademark and associated trade dress on grounds of trade mark infringement and passing off. The Commercial Court (Indore) and the High Court…