202310.18
24

Supreme Court stays High Court’s order on Chandrika Soap

Facts and Background M/s Wipro Enterprises Limited (Wipro) brought a suit against the M/S Mariyas Soaps And Chemicals (Mariyas) at the Additional District Court (VI), Ernakulam claiming that their mark is similar to . Both marks are being used for soaps. Wipro uses it for ayurvedic soap and Mariyas for washing soap and detergents. The…

202310.16
24

Mankind not so kind to ‘Novakind’

Two entities in the pharmaceutical industry vie for their rights before the Delhi High Court. The Plaintiff, Mankind Pharma Limited filed the suit against the Defendant, Novakind Bio Sciences Private Limited alleging trademark infringement, passing off, etc. The High Court was pleased to pass an ex-parte injunction at the admission stage. The Defendant has filed…

202309.30
24

The challenge of disseminating educational material digitally

Facts:- Plaintiff, M/s Jainemo Private Limited ( Jainemo), a company that prepares and sells educational material and vocational courses, including courses on coding, computer programming, website development, etc. ‘Jainemo’ has been imparting its business through its website, www.apnacollege.in, accessed by many persons who wish to avail of courses disseminated and taught by ‘Jainemo.’ Jainemo offers…

202309.26
24

How and why of Standard Essential Patents (SEPs) licencing in India:

Standard Essential Patent (SEP) regime envisages a candid and transparent negotiation between a willing licensor (Patentee) and willing licensee (implementer). The regime incorporates mutual reciprocal obligations on both the Essential Patent holder and the implementer. It is not a ‘one way street’ where obligations are cast on the Essential Patent holder alone, rather it is…

202309.26
24

Sun Pharma and Glenmark locked in trademark tussle

Two big players in the pharmaceutical industry battle it out before the Delhi High Court. The Plaintiff, Sun Pharma Laboratories Limited (Sun Pharma) relying on its rights in the ISTAMET and formative marks has filed the suit against Glenmark Pharmaceuticals Limited (Glenmark) alleging trademark infringement and passing off and to restrain the latter from using…

202309.11
24

Phone Pe fails to restrain DigiPe

This is an order passed by the Division Bench (two judge bench DB) of the Madras High Court in an appeal filed by the Appellant, Phonepe Private Limited. Phonepe is a widely used mobile phone application in India for digital payments and financial services. The mark Phonepe is a combination of English word Phone and…

202308.30
24

Use of spouse name not a valid defense in trademark infringement claim

Does using the spouse’s name entitle one to seek protection from a trademark infringement claim? The issue arose before the Madras High Court between two entities dealing in restaurants providing vegetarian cuisine. The Plaintiff, Sangeetha Caterers and Consultants LLP (SCC), filed the suit against the Defendant, New Sangeetha Restaurant (NSR), alleging trademark infringement, passing off…

202308.30
24

Incorrect information provided by PepsiCo leads to revocation of its potato variety

PepsiCo challenged a PPVFRA order revoking the registration for PepsiCo’s FL2027 variety of potato The court dismissed the appeal, finding that PepsiCo had provided incorrect information as to the date of first sale of its potato variety The date of the first exploitation/sale constitutes important and material information for the application “The onus of providing…

202308.28
24

Court imposes costs on defendant who stayed away from the proceedings

This note briefly discusses the summary judgement passed by the Delhi High Court in a trademark infringement suit and imposing costs on the Defendant who deliberately refrained from taking part in the court proceedings. The Plaintiff, Whitehat Education Technology Private Limited filed the suit against the Defendant, Vinay Kumar Singh to restrain the latter from…