This post summarizes an order passed by the Division Bench (Two Judge Bench) of the Madras High Court in an appeal against the order of the Single Judge granting an injunction in favour of Britannia Industries. The Plaintiff, Britannia Industries Limited (Britannia) filed the suit against the Defendant, ITC, before the Madras High Court alleging…

Facts of the case: The Design office has up until now taken the view that GUI is not capable of being registered as a Design for the following reasons: The graphic user interface, i.e., display screen for hand-held computing devices, is a function of a computer screen, which is an application based on a computer…

Facts of the case: Plaintiffs claim that they have formulated their own Fantasy Sport Mobile App which differs from the prevalent Fantasy Games Leagues. Plaintiffs’ Fantasy Sports Game is registered under the Copyright Act, 1957 (hereinafter referred to as the ‘Act 1957’) and being literary/dramatic work, the copyright work includes detailed working of the fantasy…

This is an order passed by the Bombay High Court in an appeal filed against the order of the District Judge-4, Pune. The word ‘ANNA’ is the bone of contention among two entities dealing in South Indian delicacies. The Plaintiff, Shantapa, filed the suit against the Defendant, Anna before the District Judge – 4, Pune,…

The court opined that this manner of dealing with a patent application was extremely arbitrary and whimsical and when the judgment was reserved on 29 September 2014, there was an obligation on the Hearing Officer to pass orders within a reasonable period. The time of four years that had been consumed was completely contrary to…

Two entities using an identical mark/name ‘Addison’ are at logger heads. The Plaintiff, Addison & Company Limited filed the suit against the Defendant, Addison Cable Pvt. Ltd, before the Madras High Court, alleging trademark infringement, passing off, etc. This note discusses the contentions raised by the parties and the judgement passed by the High Court….

There is no copyright in ideas and copyright can only be claimed in expression of the ideas as also that there must be a substantial similarity between the two rival works for the Plaintiff to claim copyright infringement. The Delhi High Court recently reiterated the idea-expression dichotomy and upheld that an author cannot be granted…

The Plaintiff, Marico Limited (Marico) filed the suit to restrain the Defendant, K.L.F. Nirmal Industries Pvt. Ltd (Nirmal) from using the trade dress for their KLF Nirmal Coconut Oil. Marico alleged that Nirmal’s packaging is similar to the blue packaging and trade dress of the Parachute Coconut oil. This note discusses the contentions raised by…

Two entities engaged in restaurant services vie for their rights before the Madras High Court. The Plaintiff, Paulsons Beauty and Fashion Private Limited, filed the suit against the Defendant, Sulthana Restaurant, alleging trademark infringement, passing off etc,. The Plaintiff seeks to restrain the Defendant from using the name Sulthana in relation to their business. This…

This post discusses an appeal before the Division Bench (DB, Two Judge bench) of the High Court of Madhya Pradesh against the order of the Commercial Court, Indore. The Plaintiff, Pernod Ricard India Private Limited, (Pernod Ricard) had filed the suit against the Defendant, Karanveer Singh Chhabra Trading as J.K. Enterprises (Karanveer) alleging infringement of…