In the dynamic business landscape, many businesses are pushing the digital medium to advertise their goods/services and connect with consumers. As companies jostle to increase their market share and brand recall, the tall claims are made. Resultantly, the boundaries between puffery and misleading advertisements is blurring. The Advertising Standards Council of India (ASCI) annual report…

If a physician desires his patient to be treated with AZIWOK, the patient must not end up taking AZIWAKE. Facts and Background The Plaintiff, Dr Reddy’s Laboratories (DRL), filed the suit against Defendant (Smart Laboratories) to protect its registered mark ‘AZIWOK’ and sought an injunction against Smart Laboratories of a deceptively similar mark (phonetically, visually,…

Considering that the parties deal in an identical sphere of business, it is incomprehensible that the Plaintiff was not aware of the Defendant’s hospital. The Plaintiff’s contention that they had become aware about the existence of the Defendant’s hospital only in the year 2022 prior to filing of the suit appears to be farfetched. Apollo…

The High Court of Karnataka refused to quash the FIR registered by a music company MRT Music (“Respondent”) against Congress leaders, namely, Rahul Gandhi, Jairam Ramesh and Supriya Shrinate (“Petitioners”) over the alleged copyright infringement by unauthorised use of a song from the film “KGF Chapter 2” in the promotional video for Bharat Jodo Yatra…

The Court, in its judgment, noted: A perusal of the inventory prepared by the Court-appointed Local Commissioner would show that the quantum of goods seized is substantial and that the Defendant is running a full-scale manufacturing operation concerning counterfeit PUMA shoes. The inventory, which the Local Commissioner prepared on a particular day, shows that approximately…

Use of the mark ‘Evecare’ in relation to woman care products is the gist of the issue in the instant dispute before the Delhi High Court. The Plaintiff, Himalaya Wellness Company and Ors (Himalaya) filed the suit against the Defendant, Wipro Enterprises Private Limited (Wipro) alleging infringement of trademark, passing off and ancillary reliefs. The…

Two entities in the online gaming industry vie for their rights before the Delhi High Court. The Plaintiff, Hulm Entertainment Pvt. Ltd (Hulm) filed the suit against the Defendants, Fantasy Sports Myfab11 Pvt. Ltd and Ors, (Fantasy Sports), alleging copyright infringement, unfair trade practice, etc. Hulm sought an injunction against Fantasy Sports from making available…

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…

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…

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…