India is one of the most vibrant global economies thanks to its robust banking and insurance sectors. The country’s financial sector is undergoing rapid expansion, not only for existing businesses but also for new entities entering the market. The government has introduced several reforms to liberalise and regulate the financial sector, which comprises commercial banks,…

Nizam, the title of ruler of Hyderabad in 18th century is known to Delhites as a restaurant chain that sells kebab rolls. The restaurant chain NIZAM’S is seeking to restrain its former franchisee from using the mark ‘New Nizam’s Kababs and Biryani’. The Plaintiffs, Rajesh Chugh and ors (Rajesh) filed suit against the Defendants, Chhavi…

The Special Bench comprising five judges of The Delhi High Court, recently decided maintainability of a composite suit in relation to infringement of a registered design and passing off in a case titled Carlsberg Breweries versus Som Distilleries and Breweries Ltd. The primary issue before the court was whether a composite suit joining the two…

The new year brought new hopes for Monsanto with the Supreme Court setting aside a Division Bench order of the Delhi High Court dated April 11 2018 which held the Monsanto patent for Bt cotton invalid. Background The genesis of the dispute between the parties is a sub-licence agreement dated February 21 2004 in which…

Two cosmetic firms are at loggerheads over trademark rights in ‘Heaven’ for use in relation to cosmetics. Gurnam Singh (Gurnam) has filed a suit before the Delhi High Court to safeguard its rights in the registered mark Blue Heaven and restrain G.I. Cosmetics (GIS) from using the mark ‘Miss Heaven’ in relation to nail polish,…

Two education societies based in Pune are up in arms over use of the mark ORCHID in relation to providing education services/ running of a school. The present post discusses Appeal preferred by Sipra Education Society (Sipra) against the order of Pune District Court restraining them from using the mark “Spring Orchid”. Both Sipra and…

The Delhi High Court vide order dated 12th December, 2018 sentenced the Director of a company to fifteen days civil imprisonment for non-compliance of the injunction order. The dispute between the parties was over the mark CITI. The Plaintiff, Citi Group Inc. and Ors (Citi) filed suit against the Defendants, Citicorp Business and Financial Services…

Patent office take steps for being a Smart Office:The Indian Patent and Trademarks Offices have considered the need to build efficiency adapting technology to make prosecution quicker. Towards achieving this objective, both offices have now started to provide option of conducting hearing through video conferencing. In addition to this, the Controller General of Patents, Designs…

The online marketplaces set by e-commerce portals claiming to be Intermediaries were under scrutiny by the Delhi High Court.  The portals currently enjoy immunity under safe harbour provisions laid out in the Information Technology (IT) Act, 2000. This was examined by the Single Judge of the Delhi High Court in a series of cases brought by Christian Louboutin…

The Indian Patent Office has released draft amendment rules on December 4th 2018. The majority changes are in view of expediting examination of the applications and the provision of having the bench of controller/s for deciding pre-grant opposition matters in contrast to the single controller as per the existing practice. With respect to expediting the…