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# RNA Technology and IP Attorneys

Intellectual Property Attorney

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## Posts

- [Blog](https://rnaip.com/blog/)
- [Navigating brand challenges in the nutraceutical industry in India](https://rnaip.com/navigating-brand-challenges-in-the-nutraceutical-industry-in-india/) - The article underlines the importance of trademark protection in a booming nutraceuticals market in India and explain what steps brand owners should take. India has witnessed massive growth in the nutraceutical market in recent years. The pandemic heightened consumer interest in preventative healthcare and has transformed consumers’ habits and market behaviour with regard to healthcare
- [Delhi High Court IP Division sets the bar High](https://rnaip.com/delhi-high-court-ip-division-sets-the-bar-high/) - The Delhi High Court IP Division (IPD), created on February 28, 2022, celebrated its first anniversary to coincide with World IP Day. In the last decade, the Delhi High Court has earned the reputation of being the “centre for IP excellence,” with complex IP cases and propositions being debated that have had far-reaching consequences on
- [Substantial delay by ‘CAMPUS’ tilts the balance in favour of ‘CAMPS’](https://rnaip.com/substantial-delay-by-campus-tilts-the-balance-in-favour-of-camps/) - In the case at hand, although there are substantial similarities in the competing marks, there is no material on record for the Court to conclude that Defendants' adoption was dishonest or so to say, that Defendants have misrepresented their marks to be that of the Plaintiff's. On the contrary, adoption of the impugned mark prima
- [Delhi High Court examines factors for the patentability of species patent in India](https://rnaip.com/delhi-high-court-examines-factors-for-the-patentability-of-species-patent-in-india/) - In a landmark decision, the Delhi High Court denied an injunction to the Plaintiff (BOEHRINGER INGELHEIM PHARMA GMBH) for infringement of patent rights in Linagliptin, a drug to treat Type 2 diabetes. While deciding the infringement action, the Court analyzed various vital factors, including species versus genus patent infringement. In this case, the Court also
- [Patent appeal granted in our favour by Patent Office and Delhi High Court](https://rnaip.com/patent-appeal-granted-in-our-favour-by-patent-office-and-delhi-high-court/) - We are pleased to share that appeal against the refusal of patent application 6541/DELNP/2011 (Applicant: ART SCREW CO., LTD), has been successfully decided in our favour. This application was refused by IPO. We filed appeal at Delhi High Court (DHC) challenging the refusal order. The High court directed the IPO to re-examine the patent
- [Mr. Abhishek Nangia delivered a brainstorming presentation on Enforcement of IP to Police Officials](https://rnaip.com/mr-abhishek-nangia-delivered-a-brainstorming-presentation-on-enforcement-of-ip-to-police-officials/) - We are thrilled to showcase the achievement of Abhishek Nangia, who recently conducted a virtual session on IP crimes in Cyberspace held on May 7, 2023. Mr. Nangia’s active involvement and valuable contributions during the session made a significant impact on the discussion surrounding Intellectual Property (IP) crimes in the digital realm. His deep
- [Virtual Session on IP Crimes in Cyberspace](https://rnaip.com/virtual-session-on-ip-crimes-in-cyberspace/) - We are thrilled to showcase the achievement of Abhishek Nangia, who recently conducted a virtual session on IP crimes in Cyberspace held on May 7, 2023. Mr. Nangia’s active involvement and valuable contributions during the session made a significant impact on the discussion surrounding Intellectual Property (IP) crimes in the digital realm. His deep understanding
- [Source of the 'common knowledge’ essential to conclude Patent lacking Inventive step](https://rnaip.com/source-of-the-common-knowledge-essential-to-conclude-patent-lacking-inventive-step/) - To establish whether something is common general knowledge, the first and most important step is to look at the sources from which the skilled addressee could acquire the information. The Delhi High Court in an Appeal against the Order of Controller of Patents in Agfa NV & anr vs The Assistant controller of patents and
- [Reputation Meets Reality: Why P&G’s Rectification Bid Failed](https://rnaip.com/reputation-meets-reality-why-pgs-rectification-bid-failed/) - The Madras High Court recently examined a series of rectification petitions filed by The Procter & Gamble Company (P&G) against IPI India Private Limited and another, raising questions on deceptive similarity, descriptive marks, and the limits of exclusivity in trademark law. The dispute centred on whether the respondent’s marks “VAPORIN” and “VAPORIN COLD RUB” unlawfully
- [“You Can’t Own the Alphabet: Delhi HC Says No to ‘A TO Z’ Monopoly”](https://rnaip.com/you-cant-own-the-alphabet-delhi-hc-says-no-to-a-to-z-monopoly/) - Background Alkem Laboratories Ltd. instituted a suit before the Delhi High Court against Prevego Healthcare and Research Pvt. Ltd., alleging trademark infringement, copyright infringement, passing off, and allied reliefs. Alkem asserted rights in its marks ATOZ-NS, , copyright in its stylised logo , and its distinctive trade dress , and sought to restrain the Defendant
- [From HAVELLS to CAWELS: A Cautionary Tale on Brand Imitation](https://rnaip.com/from-havells-to-cawels-a-cautionary-tale-on-brand-imitation/) - Delhi High Court recently reaffirmed the robust protection accorded to well-known trademarks while granting interim injunctive relief in favour of Havells India Ltd. in a trademark infringement and passing off dispute involving the marks “CAWELS” / “CAWELS ELECTRIC.” The decision underscores the Court’s strict approach towards deceptive similarity and dishonest adoption, particularly where identical goods
- [“Clearing the Way” in Indian Patent Law: An Equitable Consideration in Interim Injunctions.](https://rnaip.com/clearing-the-way-in-indian-patent-law-an-equitable-consideration-in-interim-injunctions/) - The principle of "clearing the way" has become a significant, though non-statutory, aspect of Indian patent litigation, particularly in cases involving interim injunctions. This concept, borrowed from UK and European patent law, expects a party intending to enter a market to address any known patent obstacles in advance rather than adopting a "launch first, litigate
- [Reaffirming Territoriality in Trademark Law: Delhi High Court Restores the BLUE-JAY Mark](https://rnaip.com/reaffirming-territoriality-in-trademark-law-delhi-high-court-restores-the-blue-jay-mark/) - Introduction In a significant ruling reaffirming the limits of trans-border reputation under Indian trademark law, the Division Bench of the Delhi High Court set aside an order of the Single Judge directing cancellation of the BLUE-JAY trademark registered in favour of Mr. Sumit Vijay and anr. The Court held that global reputation, online presence, and
- [Brand Protection vs Intermediary liability- Delhi High Court Draws a line in Dabur case](https://rnaip.com/brand-protection-vs-intermediary-liability-delhi-high-court-draws-a-line-in-dabur-case/) - The internet has transformed how businesses reach consumers, but it has also quietly created new avenues for deception. What once required physical imitation fake labels, counterfeit goods, misleading shopfronts can now be achieved with a single domain name and a convincing website. The Delhi High Court’s judgment in Dabur India Limited v. Ashok Kumar &
- [The Power of a Well-Known House Mark: Delhi High Court Protects PATANJALI Registration](https://rnaip.com/the-power-of-a-well-known-house-mark-delhi-high-court-protects-patanjali-registration/) - Introduction In a significant decision reaffirming the strength of well-known house marks in trademark law, the Delhi High Court dismissed a rectification petition filed by Holy Cow Foundation seeking removal of the trademark “PATANJALI GONYLE FLOOR CLEANER”, registered in Class 5 in favour of Patanjali Gramodyog Nyas (Trust) and others. The Court held that the
- [Eco-integrity: How to move beyond Greenwashing?](https://rnaip.com/eco-integrity-how-to-move-beyond-greenwashing/) - “Earth provides enough to satisfy every man’s needs, but not every man’s greed”. Mahtma Gandhi With the world becoming more aware of environmental concerns, consumers are gravitating towards products that are purported to be green, sustainable, or environmentally friendly. However, not all such claims are as real as they appear. The businesses riding on this
- [Heart-Shaped Deception: Delhi High Court Halts Sale of Infringing “Little Hearts” Biscuits](https://rnaip.com/heart-shaped-deception-delhi-high-court-halts-sale-of-infringing-little-hearts-biscuits/) - Britannia Industries Limited instituted a suit before the Delhi High Court against Shri Swastik Organics & Ors., alleging infringement of trademark and copyright, passing off, and allied violations. Along with the suit, Britannia sought interim injunctive relief restraining the Defendants from using any trademark, shape, or name identical or deceptively similar to its registered “Little
- [Hermès Birkin Secures Well Known Status and Shape Mark Protection in India](https://rnaip.com/hermes-birkin-secures-well-known-status-and-shape-mark-protection-in-india/) - The article summarises case brought by Hermes International & Anr. (Plaintiffs) against Macky Lifestyle Private Limited & Anr. (Defendants) at the Delhi High Court for manufacturing, advertising, and selling products identical to the Plaintiffs’ ‘Birkin’ Bag and infringing on the ‘Hermes’ trademarks and stylized marks. Hermes, engaged in the luxury bags and accessories business, alleged
- [SoEasy and the Evolution of Suggestive Marks in India: Insights After Yatra](https://rnaip.com/soeasy-and-the-evolution-of-suggestive-marks-in-india-insights-after-yatra/) - Imagine launching a brand, clearing examination, and even seeing your trademark published, only for the Trade Marks Registry to change its mind months later. That’s exactly what happened in Ashim Kumar Ghosh v. Registrar of Trade Marks (2025). The Delhi High Court’s decision to protect the trademark ‘SoEasy’ marks a broader shift in how Indian
- [Power Struggle Lost: “TESLA POWER” Injuncted by the Delhi High Court](https://rnaip.com/power-struggle-lost-tesla-power-injuncted-by-the-delhi-high-court/) - Tesla Inc., a globally renowned manufacturer of electric vehicles (“EVs”) and sustainable energy solutions, instituted a suit before the Delhi High Court against Tesla Power India Private Limited and its affiliates, alleging trademark infringement, passing off, and allied reliefs. Along with the suit, Tesla Inc. sought an interim injunction restraining the Defendants from using the
- [Same Name, Different Kitchens: Delhi High Court Lets GULSHAN-E-KARIM Stay with a Disclaimer](https://rnaip.com/same-name-different-kitchens-delhi-high-court-lets-gulshan-e-karim-stay-with-a-disclaimer/) - Introduction This appeal before the Division Bench of the Delhi High Court arose from an interim injunction order passed by the Commercial Court-13, Central District, Tis Hazari, Delhi, in a trademark infringement and passing-off action. The dispute concerns the use of the word ‘KARIM’ in the restaurant name GULSHAN-E-KARIM and examines the interplay between trademark
- [The YEZDI Story- A legacy Amid Ownership Turbulence](https://rnaip.com/the-yezdi-story-a-legacy-amid-ownership-turbulence/) - The Division Bench (DB) of the Karnataka High Court recently delivered a significant ruling in a batch of appeals filed by the Appellant, Mr. Boman Irani and Classic Legends, challenging a common judgment of the Single Judge concerning the assets of Ideal Jawa (India) Ltd., a company under liquidation, and more specifically, the ownership and
- [Corporate Name Cannot Trump Trademark Rights, Rules Bombay HC](https://rnaip.com/corporate-name-cannot-trump-trademark-rights-rules-bombay-hc/) - The Bombay High Court recently granted an interim injunction in favour of Petrofer Chemie H.R. Fischer GmbH & Co. KG (“Plaintiff”) in its trademark infringement and passing-off action against United Petrofer Limited (“Defendant”). The order restrains the Defendant from using the mark “UNITED PETROFER,” its corporate name, and the domain unitedpetrofer.com, or any other mark
- [Relaxo vs Aqualite: Strengthening Design Enforcement in India](https://rnaip.com/relaxo-vs-aqualite-strengthening-design-enforcement-in-india/) - Design protection is crucial for businesses that rely on unique product appearances to differentiate themselves from the competitor’s product. The dispute between Relaxo Footwears Ltd. (Relaxo) and Aqualite Industries Pvt. Ltd. (Aqualite) over flip flop slippers (known as ‘hawai slippers’ in India) provides a clear guidance on novelty, prior art and aesthetic appeal of a
- [From idea to IPO: a guide to Indian trademark protection for startups](https://rnaip.com/from-idea-to-ipo-a-guide-to-indian-trademark-protection-for-startups/) - There are strategic intellectual property considerations at every stage of a brand’s development. Ranjan Narula, Aditi Roy Chowdhury, and Simran Singh of RNA, Technology and IP Attorneys outline how startups can take a phased approach. In the life cycle of a startup, few assets are as powerful yet underestimated as intellectual property (IP). Among the
- [No Bloom Beyond Hygiene: Delhi HC Declines TULIPS Appeal](https://rnaip.com/no-bloom-beyond-hygiene-delhi-hc-declines-tulips-appeal/) - The Division Bench of the Delhi High Court recently upheld the order of the District Judge, Commercial Court (South), Saket, dismissing Suparshva Swabs India’s plea for an interim injunction against AGN Tulip in an ongoing trademark dispute over the mark “TULIPS.” The plaintiff, proprietor of the registered mark and a long-standing manufacturer of cotton buds
- [MALDIVES | Official Registration System to be launched in 2026](https://rnaip.com/maldives-official-registration-system-to-be-launched-in-2026/) - A major transformation was witnessed in the field of intellectual property rights, further introducing IP legislation for the very first time, establishing a new framework for trademark protection. The key updates are as follows: For trademark protection, the current process is publishing and filing of cautionary notice. The cautionary notice publicly asserts ownership of the
- [RNA recognized by Asia IP Awards and APAA conference attended](https://rnaip.com/rna-recognized-by-asia-ip-awards-and-apaa-conference-attended/) - The Asian Patent Attorneys Association (APAA) annual council meeting is a distinguished forum that unites intellectual property professionals from around the world to share insights and strengthen professional networks. This year, the event was held in the Kuala Lumpur, Malaysia from November 06-10, 2025. We are proud that our Associate Partner, Suvarna Pandey, and Managing
- [Unreal Campaign Presentation – AVC College (Autonomous), Mayiladuthurai, Tamilnadu](https://rnaip.com/unreal-campaign-presentation-avc-college-autonomous-mayiladuthurai-tamilnadu/) - Bala Thiyagu returned to his alma mater, AVC College (Autonomous), Mayiladuthurai, as a guest lecturer after 24 years. Having completed his undergraduate studies there, it was both exciting and enriching for him to present the Unreal Campaign to second-year B.Com students. The session focused on the growing threat of counterfeit goods, supported by practical examples
- [Recognized as IP Experts by Asia IP - 2025](https://rnaip.com/recognized-as-ip-experts-by-asia-ip-2025/) - A massive thank you to our clients and the Asia IP Magazine research crew for this recognition, and big congratulations to everyone else who made the list! Here's to continuing our innovation, collaboration, and excellence in intellectual property!
- [Suppression and Misrepresentation Prove Fatal to Plaintiff in DOCTOR EXTRA SOFT Trademark Dispute](https://rnaip.com/suppression-and-misrepresentation-prove-fatal-to-plaintiff-in-doctor-extra-soft-trademark-dispute/) - Bombay High Court vacates ex-parte injunction and imposes exemplary costs for concealment of material facts. The Bombay High Court recently delivered a significant ruling in a trademark dispute involving the mark “DOCTOR EXTRA SOFT”, underscoring that equitable relief cannot be obtained through suppression of material facts. The matter arose from an application filed by Chaitanya
- [WOW Momo Wins Appeal : Court Grants Injunction Against WOW Burger!](https://rnaip.com/wow-momo-wins-appeal-court-grants-injunction-against-wow-burger/) - Background The article summarises an Appeal filed by Wow Momo Foods Pvt. Ltd (WMFPL) against the judgement of the Single Judge of the Delhi High Court whereby it dismissed the injunction application of WMFPL, holding that “WOW” is a common, non-distinctive word. The appellant, WMFPL is the registered proprietor of several trademarks, including “WOW MOMO,”
- [Reverse Engineering Faces a Higher Bar in Industries with defined Standards](https://rnaip.com/reverse-engineering-faces-a-higher-bar-in-industries-with-defined-standards/) - C.S No.602 of 2007 - Madras High Court – Date of Decision 3rd September 2025 Background The note discusses final decision of a case, post-trial, brought by Tractors and Farm Equipment Limited (TAFE), Chennai at the Madras High Court against Standard Corporation India Limited (SCIL), Punjab. TAFE alleged copyright infringement and passing off regarding artistic
- [The Quiet Power of Confidentiality Clubs in SEP Litigation](https://rnaip.com/the-quiet-power-of-confidentiality-clubs-in-sep-litigation/) - In Standard Essential Patent (SEP) disputes, especially those involving FRAND terms, confidentiality clubs play a vital role. They protect sensitive commercial data, such as licensing agreements, royalty rates, and negotiation records while allowing full and fair disclosure before the court. By restricting access to authorized counsels and experts, confidentiality clubs ensure that proprietary information is
- [The Princeton Trademark Case: Reassessing the Balance Between International Goodwill and Domestic Use](https://rnaip.com/the-princeton-trademark-case-reassessing-the-balance-between-international-goodwill-and-domestic-use/) - The Delhi High Court’s Division Bench recently examined the issue of transnational trademark protection in The Trustees of Princeton University v. The Vagdevi Educational Society & Ors (Vagdevi) FAO(OS) (COMM) 239/2023. The case was brought by the Princeton University before the IP Division of the Delhi High Court. Princeton University alleged trademark infringement on account
- [Right to cross-examination is not absolute and must be exercised diligently](https://rnaip.com/right-to-cross-examination-is-not-absolute-and-must-be-exercised-diligently/) - 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)
- [Unreal Campaign presentation at Amrita Vidyalayam School in Kovur, Chennai](https://rnaip.com/unreal-campaign-presentation-at-amrita-vidyalayam-school-in-kovur-chennai/) - We are thrilled to share that Mohandas Konnanath from RNA, Technology and IP Attorneys recently conducted an Unreal Campaign presentation at Amrita Vidyalayam School in Kovur, Chennai. The session was attended by over 250 students from classes 9, 10 and 11, who showed incredible enthusiasm and curiosity about the serious issue of counterfeiting. The students
- [Safeguarding Biotech Innovations: The Role of Patents in Life Sciences at BioNEST–UDSC, University of Delhi South Campus](https://rnaip.com/safeguarding-biotech-innovations-the-role-of-patents-in-life-sciences-at-bionest-udsc-university-of-delhi-south-campus/) - We are thrilled to share that Suvarna Pandey from RNA, Technology and IP Attorneys conducted an enlightening and highly engaging webinar titled “Safeguarding Biotech Innovations: The Role of Patents in Life Sciences” at BioNEST–UDSC, University of Delhi South Campus. The session brought together a vibrant mix of researchers, faculty members, students, entrepreneurs, and startup founders
- [Flag Dispute Unfurled: Court Rejects Claims of Infringement and Passing Off](https://rnaip.com/flag-dispute-unfurled-court-rejects-claims-of-infringement-and-passing-off/) - 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
- [Demonstrating Inventive Step: The Critical Role of Comparative Experimental Data](https://rnaip.com/demonstrating-inventive-step-the-critical-role-of-comparative-experimental-data/) - 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
- [Delhi High Court Rejects Monopoly Over ‘WOW’: Trademark Injunction Denied](https://rnaip.com/delhi-high-court-rejects-monopoly-over-wow-trademark-injunction-denied/) - 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
- [Prior Publication Winds Blow Against Atomberg’s Fan Design Claim](https://rnaip.com/prior-publication-winds-blow-against-atomberg-fan-design-claim/) - 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
- [Common words make weak trademarks- Lessons from the Delhi High Court](https://rnaip.com/common-words-make-weak-trademarks-lessons-from-the-delhi-high-court/) - 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.
- [Cruises vs. Inns: Delhi High Court Drops Anchor on ‘Cordelia’ Trademark Dispute](https://rnaip.com/cruises-vs-inns-delhi-high-court-drops-anchor-on-cordelia-trademark-dispute/) - 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
- [Beyond Stability and Mixtures - Patent Law Challenges for Biologics in India](https://rnaip.com/beyond-stability-and-mixtures-patent-law-challenges-for-biologics-in-india/) - 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,
- [The Qatar TMO Update - Digital Transformation Initiative effective August 2025](https://rnaip.com/the-qatar-tmo-update-digital-transformation-initiative-effective-august-2025/) - The Qatar Trademark Office (TMO) has officially embarked on a digital transformation initiative effective August 2025, marking a significant step towards modernizing its intellectual property infrastructure. As part of Qatar's broader e-government strategy, the move is aimed at streamlining administrative procedures and improving access to trademark services for both local and international rights holders. Key
- [Reengaging with IP in a changing legal landscape: Syria](https://rnaip.com/reengaging-with-ip-in-a-changing-legal-landscape-syria/) - With recent international developments and the easing of certain restrictions, Syria is gradually reopening to global commerce. The Syrian IP Office continues to operate, creating a more favourable environment for trademark and patent protection. Trademark: Businesses should ensure their core and house marks remain valid, enforceable, and strategically aligned with broader brand protection. Equal attention
- [Miniso restrained by the Bombay High Court in the Neck Pillow Design Row](https://rnaip.com/miniso-restrained-by-the-bombay-high-court-in-the-neck-pillow-design-row/) - 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)
- [Supreme Court Rejects Pernod Ricard’s Challenge against "London Pride"](https://rnaip.com/supreme-court-rejects-pernod-ricards-challenge-against-london-pride/) - 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
- [‘Yatra’ Brand Dispute Decoded: Delhi High Court Rules ‘Yatra’ to be Descriptive](https://rnaip.com/yatra-brand-dispute-decoded-delhi-high-court-rules-yatra-to-be-descriptive/) - The Delhi High Court holds that the word “Yatra”, meaning “journey” or “travel” in Hindi, is generic and descriptive and therefore cannot be monopolised as a trademark in relation to travel services. The Ruling came in Yatra Online Limited Vs Mach Conferences and Events [CS(COMM) 1099/2024], whereby the interim injunction sought by Yatra Online Limited’s
- [Attended FITT Forward 2025 – IIT Delhi’s annual technology summit.](https://rnaip.com/attended-fitt-forward-2025-iit-delhis-annual-technology-summit/) - RNA IP Attorneys is pleased to share that we attended FITT Forward 2025, the annual technology summit organized by the Foundation for Innovation and Technology Transfer (FITT), IIT Delhi, on August 21–22, 2025, at the Research & Innovation Park, IIT Delhi. Ms. Suvarna Pandey from RNA IP Attorneys represented the team at the event, which
- [Graphic Era Hill University (GEHU), Dehradun - Mastering the Art of Patent Writing](https://rnaip.com/graphic-era-hill-university-gehu-dehradun-mastering-the-art-of-patent-writing/) - RNA, IP Attorneys was pleased to be represented by Ms. Suvarna Pandey as the Resource Person for the workshop titled “Mastering the Art of Patent Writing”, held on 26th August 2025 at Graphic Era Hill University (GEHU), Dehradun. The session brought together a dynamic group of researchers, innovators, and academicians, with whom Ms. Pandey shared
- [Pisco wars: Delhi High Court upholds ‘Peruvian’ and ‘Chilean’ GIs in landmark homonymous GIs dispute](https://rnaip.com/pisco-wars-delhi-high-court-upholds-peruvian-and-chilean-gis-in-landmark-homonymous-gis-dispute/) - Homonymous GIs can coexist when supported by longstanding historical use and adequate measures to safeguard consumers The IPAB erred in granting Peru exclusive rights over the GI ‘Pisco’ without recognising Chile’s legitimate interests Both ‘Peruvian Pisco’ and ‘Chilean Pisco’ could be registered with clear qualifiers In a significant decision for geographical indication (GI) jurisprudence in
- [Kubota Wins Jurisdictional Challenge in Patent Dispute](https://rnaip.com/kubota-wins-jurisdictional-challenge-in-patent-dispute/) - Background The dispute revolves around a patent infringement case, CS (Comm) 655/2023, filed by Kubota Corporation (Kubota) against Godabari Agro Machinery and Services India Private Limited (GAMS) and two Chinese companies that were allegedly manufacturing the machine and parts that were being sold in India by GAMS. Kubota Corporation, a Japanese multinational, alleged that GAMS
- [Inventive step: Why Mere Mosaicing of Prior Art Falls Short](https://rnaip.com/inventive-step-why-mere-mosaicing-of-prior-art-falls-short/) - The article discusses Appeal filed at Bombay High Court against refusal of patent application No. 1851/MUM/2015. Background The Petitioners, Mohun Nicholas D’Souza and Vishal Praful Singh Solanke (Petitioners), approached the Bombay High Court challenging the rejection of their patent application No. 1851/MUM/2015 titled “Tamper Evident Twist Seal with Breakaway Anchor Mechanism”. The invention pertains to
- [‘MAYO’ Trademark Protected: Court Blocks Use by Indian Medical Centre](https://rnaip.com/mayo-trademark-protected-court-blocks-use-by-indian-medical-centre/) - In a significant ruling delivered on July 28, 2025, the two judge Bench of the Delhi High Court (Division Bench) dismissed an appeal filed by Bodhisattva Charitable Trust (BCT) and maintained the injunction passed against them by the Single Judge from using the names such as Mayo Medical Centre, Mayo Institute of Medical Sciences, Mayo
- [No automatic Right for Group companies to Enforce Trademark Rights](https://rnaip.com/no-automatic-right-for-group-companies-to-enforce-trademark-rights/) - In a recent decision, the Delhi High Court dismissed a trademark and copyright infringement suit filed by Coromandel Indag Products India Limited (CIPL/Plaintiff) against Sumitomo Chemical Company Limited (Sumitomo) and another defendant, ruling that CIPL lacked the legal standing to pursue the action. The dispute centred on the use and rights over the trademark "PADAN,"
- [ZINOLVITA Fails the Similarity Test: Madras High Court Shields ZINCOVIT in Trademark Battle](https://rnaip.com/zinolvita-fails-the-similarity-test-madras-high-court-shields-zincovit-in-trademark-battle/) - In a decisive ruling, the Madras High Court has upheld the trademark rights of Apex Laboratories Pvt. Ltd., restraining Knoll Healthcare Pvt. Ltd. from using the mark ZINOLVITA for its pharmaceutical products. The judgment, delivered after a combined hearing of the suit and cross-rectification petitions filed by the parties against each other, highlights that even
- [Simple Technical Modifications can constitute an Inventive Step](https://rnaip.com/simple-technical-modifications-can-constitute-an-inventive-step/) - Background The article covers an Appeal, C.A. (COMM.IPD-PAT) 60/2024, filed by Dong Yang PC, Inc. a Korean company against the decision of Controller of Patents and Designs (Controller) whereby it rejected Dong Yang PC, Inc. (Appellant) Patent Application No. 2554/DEL/2013 relating to a "Vertical Rotary Parking System". The application was refused on grounds of lack
- [UAE and US Forge Agreement to Expedite Patent Process](https://rnaip.com/uae-and-us-forge-agreement-to-expedite-patent-process/) - The United Arab Emirates and the United States signed a Joint Statement of Intent during the 66th WIPO Assemblies in Geneva to enhance bilateral cooperation on patent examination. Under this agreement, positive patent examination results from the USPTO will be recognized for corresponding UAE applications, subject to local laws, thereby significantly accelerating the patent granting
- [Qatar: Trademark Office Initiates Digital Transformation](https://rnaip.com/qatar-trademark-office-initiates-digital-transformation/) - The Qatar Trademark Office has launched a trial phase to implement major digital enhancements to its trademark services, including the electronic publication of the Trademarks Official Gazette and the issuance of digital Certificates of Registration. During this transitional period, the Office will operate under a dual system where some certificates will be issued only in
- [Ethiopia: Accession to Paris Convention](https://rnaip.com/ethiopia-accession-to-paris-convention/) - Ethiopia deposited its instrument of accession to the Paris Convention for the Protection of Industrial Property with WIPO on May 15, 2025, and the Convention will enter into force for Ethiopia on August 15, 2025. This milestone strengthens Ethiopia’s IP regime, offering improved protection for patents, trademarks, and industrial designs, and enhancing the ease and
- [Brazil Announces First Major IP Fee Revision Since 2012](https://rnaip.com/brazil-announces-first-major-ip-fee-revision-since-2012/) - The Brazilian National Institute of Industrial Property (INPI) has announced its first major revision of official fees since 2012, which will take effect on August 7, 2025. The update includes an approximate 48% increase in official fees for patents, trademarks, and industrial designs. Additionally, INPI will introduce bundled filing options to simplify procedures and new
- [Trademark Win for KRBL! Court Says ‘KRB’ Too Close for Comfort](https://rnaip.com/trademark-win-for-krbl-court-says-krb-too-close-for-comfort/) - In a recent judgment, the Division Bench of the Delhi High Court upheld an interim injunction granted by the District Judge (Commercial Courts), restraining the defendants, KRB Enterprises and others, from using the mark ‘KRB’ or any other mark deceptively similar to ‘KRBL’, the registered trademark of M/s KRBL Limited. The High Court dismissed the
- [Ensuring Patent Rights are Enforceable and Effective](https://rnaip.com/ensuring-patent-rights-are-enforceable-and-effective/) - Interim relief is crucial in patent cases, as trials can be lengthy. Without temporary protection, patentees risk losing the value of their patents due to unauthorized use. Measures like security deposits help enforce damages awards. In a recent case before the Delhi High Court, Communication Components Antenna Inc. v. Ace Technologies Corp., the court ordered
- [Numerical Trademark Tussle: 'Liv.52' prevails over 'Liv-333’ in Delhi High Court](https://rnaip.com/numerical-trademark-tussle-liv-52-prevails-over-liv-333-in-delhi-high-court/) - The Division Bench of the Delhi High Court in Rajasthan Aushdhalaya Pvt. Ltd. vs. Himalaya Global Holdings Ltd & Anr [RFA(OS)(COMM) 18/2025] granted permanent injunction in favour of Himalaya Global Holdings Ltd. & Himalaya Wellness Company against Rajasthan Aushdhalaya Private Limited, restraining it from using the mark "Liv-333" due to its deceptive similarity to Himalaya's
- [Revision in fees-Singapore](https://rnaip.com/revision-in-fees-singapore/) - The Intellectual Property Office of Singapore (IPOS) has announced revisions to official fees across its Registries for trademarks, patents, designs, geographical indications, and plant varieties to ensure operational sustainability and meet the needs of the evolving IP ecosystem. Key changes include increased fees for trade mark applications, PCT search and preliminary examination, renewals, and extension
- [Unreal Campaign Presentation – Lotus Valley International School, Noida](https://rnaip.com/unreal-campaign-presentation-lotus-valley-international-school-noida/) - Our Associate Partner, Shabnam Khan, recently delivered an insightful online presentation to students of Grades 10 and 11 at Lotus Valley International School, Noida. The session focused on the critical issue of brands, counterfeiting, and its far-reaching impact on consumers and the global economy, an area that continues to pose significant challenges for businesses and
- [Mauritius Accedes to ARIPO Harare Protocol](https://rnaip.com/mauritius-accedes-to-aripo-harare-protocol/) - As of August 27, 2025, Mauritius has officially joined the Harare Protocol under the African Regional Intellectual Property Organization (ARIPO). This significant development enables: Protection of patents, utility models, and industrial designs through ARIPO filings Designation of Mauritius in existing and future regional applications Note: This accession does not affect trademark procedures in Mauritius, which
- [Philippines Establishes Registry for Well-Known Marks](https://rnaip.com/philippines-establishes-registry-for-well-known-marks/) - The Intellectual Property Office of the Philippines (IPOPHL) has introduced a new framework for the registration of well-known trademarks, effective April 2025. Key highlights: Ex-parte declaration process - no litigation required Validity: 10 years, with the option for renewal Serves as prima facie evidence in infringement proceedings Provides enhanced legal protection and enforcement leverage Public
- [Delhi High Court Strikes Down Post-Employment Non-Compete Clause, Backs Employee Mobility](https://rnaip.com/delhi-high-court-strikes-down-post-employment-non-compete-clause-backs-employee-mobility/) - The main issue in this appeal was the validity of the non-solicitation and non-compete clause in the Employment Agreement under Section 27 of the Indian Contract Act (ICA). The court held that any terms of the employment contract that impose a restriction on the right of the employee to seek employment post-termination are void under
- [Delhi High Court holds PRO-EASE and PRUEASE are not similar](https://rnaip.com/delhi-high-court-holds-pro-ease-and-pruease-are-not-similar/) - No confusion between a sanitary pad and medicine designed for constipation relief. The Delhi High Court dismisses Appeal in Trademark Dispute Between RSPL and Sun Pharma. The court concluded that there was no likelihood of confusion between the two trademarks, PRO-EASE (of RSPL) and PRUEASE (of Sun Pharma) considering the distinct nature of the goods,
- [Product- to-Patent Mapping: A prerequisite for Proving Infringement!](https://rnaip.com/product-to-patent-mapping-a-prerequisite-for-proving-infringement/) - The article discusses an Appeal (FAO(COMM)114/2024) in a Patent infringement case concerning two Patents pertaining to tamper-evident and tamper-proof lids. The commercial court had initially granted an injunction which it later set aside. The judgment addresses the correctness of the commercial court's order setting aside the interim injunction and clarifies legal principles relating to patent
- [Session on "Scientific Paper in SCOPUS Indexed Journal"](https://rnaip.com/session-on-scientific-paper-in-scopus-indexed-journal/) - Ms. Suvarna Pandey was invited as a Guest Speaker by the School of Nursing, Noida International University during their Faculty Development Program (FDP) titled “Scientific Paper in SCOPUS Indexed Journal”, held from 17th to 21st June 2025. She shared insights on the significance of Intellectual Property Rights (IPR) in research and academia. Her session focused
- [Workshop on Intellectual Property Rights (IPR) Held by Yantra Institute of Technology and Management, Ambajhari](https://rnaip.com/workshop-on-intellectual-property-rights-ipr-held-by-yantra-institute-of-technology-and-management-ambajhari/) - The Yantra Institute of Technology and Management, Ambajhari, recently organized a comprehensive training program on Intellectual Property Rights (IPR), aimed at enhancing awareness and understanding of various aspects of intellectual property among their students and faculty members. Chandan Kumar, from our patents team was invited as a guest speaker wherein he shared his expertise on
- [Trademark Parody - Laughing Matter or Legal Minefield?](https://rnaip.com/trademark-parody-laughing-matter-or-legal-minefield/) - In India, humour, parody, and satire have always been a big part of public conversations. They are great for challenging societal and political norms and speaking out against institutions, politics, and even big companies. In the context of parody and satire by stand-up comedians, in the case of Ashutosh Dubey Vs. Netflix Inc and Others1
- [Yamaha Secures “WR” trademark via Exceptional Circumstances Route](https://rnaip.com/yamaha-secures-wr-trademark-via-exceptional-circumstances-route/) - In a recent ruling Yamaha Hatsudoki Kabushiki Kaisha vs The Registrar of Trade Marks, Comm (Misc) 650 of 2022, the Bombay High Court has set aside the order of the Registrar refusing Yamaha’s ‘WR’ mark based on Honda Motor Company Ltd.’s “WR-V” trademark registered in class 12. The Court while setting aside the order emphasized
- [Relief Beyond Expiry? Delhi High Court Clarifies Patent Infringement Limits](https://rnaip.com/relief-beyond-expiry-delhi-high-court-clarifies-patent-infringement-limits/) - Background The Plaintiff, Kabushiki Kaisha Toyota Jidoshokki (Toyota), Japan, filed a patent infringement lawsuit against LMW Limited ("defendant") for alleged patent infringement related to Indian Patent IN759 titled "Fiber Bundle Concentrating Apparatus in Spinning Machine." The plaintiff/Toyota sought to restrain the defendant from using and selling the defendant's product Spinpact or any other product infringing
- [Delhi High Court: MAX MUELLER BHAVAN has substantial reputation and is not merely a building name](https://rnaip.com/delhi-high-court-max-mueller-bhavan-has-substantial-reputation-and-is-not-merely-a-building-name/) - Goethe-Institut sued the defendants for unauthorised use of the marks MAX MUELLER and MAX MUELLER INSTITUTE for similar educational services The court noted that a passing-off action will lie even against a registered trademark owner The plaintiff has been using MAX MUELLER BHAVAN to identify its institutes since 1957, while the defendants adopted the mark
- [Amazon Tech Gets Breather as Delhi High Court Stays Damages Award](https://rnaip.com/amazon-tech-gets-breather-as-delhi-high-court-stays-damages-award/) - The Delhi High Court granted Amazon Technologies Inc. (Amazon Tech) a stay on the operation of the decree awarding ₹336,02,87,000/- (approx. US$ 390 Million) plus costs for trademark infringement, highlighting serious procedural irregularities, lack of pleadings and evidence against Amazon Tech, and improper enhancement of damages. The judgment primarily deals with an application by Amazon
- [Application of Section 3(d) on the Intermediate Pharmaceutical compounds](https://rnaip.com/application-of-section-3d-on-the-intermediate-pharmaceutical-compounds/) - Background In an Appeal from refusal Order of a Patent Application the Delhi High court clarified that even for Intermediate chemical compounds, it is important to show enhanced therapeutic efficacy to overcome objection under section 3(d) and Inventive step of the Intermediate compounds. Intermediate compounds are the compounds which are generated during a chemical reaction.
- [Delhi High Court Holds “algorithms” and “computer program” not Patentable](https://rnaip.com/delhi-high-court-holds-algorithms-and-computer-program-not-patentable/) - C.A.(COMM.IPD-PAT) 439/2022 The invention claimed in the patent application is a mere sequence of instructions stored in hardware without solving any technical problem or offering any technical advancement to the hardware. The article discusses an appeal filed by Kroll Information Assurance, LLC (Appellant) against the order of Controller General of Patents, Designs and Trademarks (CG).
- [Libya Issues Trademark Renewal & Re-registration Clarification](https://rnaip.com/libya-issues-trademark-renewal-re-registration-clarification/) - Effective June 1, 2025 - Circular No. 2 of 2025 clarifies key rules on trademark expiry and re-registration timing. Trademark owners should review their portfolios to avoid loss of rights.
- [Colour of Confusion: Court Restrains Use of ‘Rainbow’ in Health Sector Feud](https://rnaip.com/colour-of-confusion-court-restrains-use-of-rainbow-in-health-sector-feud/) - Background Rainbow Children’s Medicare Limited (RCML), a well-known hospital chain based in Hyderabad specializing in paediatrics, obstetrics, and gynaecology faced infringement of its rights in the mark/name RAINBOW by a Bengaluru-based firm, Rainbow Healthcare (RH). The case was filed by RCML before Additional City Civil and Sessions Judge, Bengaluru, who eventually dismissed RCML’s application for
- [Turkish Patent and Trademark Office Overhauls Trademark Rules & Fees](https://rnaip.com/turkish-patent-and-trademark-office-overhauls-trademark-rules-fees/) - The Turkish Patent and Trademark Office (TPTO) introduces administrative trademark cancellations and updates its fee structure. Key changes include faster, court-free cancellation for non-use and per-class fee calculations. Effective March 15, 2025 – Trademark owners and IP professionals should review and adjust their strategies.
- [Egypt Doubles Patent Examination Fees and Revises Payment Deadlines](https://rnaip.com/egypt-doubles-patent-examination-fees-and-revises-payment-deadlines/) - The Egyptian Intellectual Property Authority (EGIPA) has issued Decree No. 26 of 2025, published in Official Gazette No. 132 on 17 June 2025, introducing key changes to Egypt’s patent system. Effective 18 June 2025, the official patent examination fee has increased from EGP 25,000 to EGP 50,000 (approx. USD 1,060). Additionally, the payment deadline for
- [Delhi High Court Denies AbbVie's Anti-cMet ADC Patent](https://rnaip.com/delhi-high-court-denies-abbvies-anti-cmet-adc-patent/) - C.A.(COMM.IPD-PAT) 44/2023- Delhi High court The article discusses an appeal filed by AbbVie Biotherapeutics Inc. and AbbVie Inc. (Appellants) at the Delhi high Court against the refusal of their Patent application (Application No. 201817047767) for an anti-cMet antibody drug conjugate by Assistant Controller of Patents and Designs. Background of the Case The appellants filed the
- [Bombay High Court denies well-known tag for TikTok in India](https://rnaip.com/bombay-high-court-denies-well-known-tag-for-tiktok-in-india/) - TikTok Limited, a technology company operating a social media video application called TikTok, and despite its global outreach and immense popularity worldwide denied coveted well-known status in India. Facts and Background TikTok applied for declaration of its name as a well-known mark in India. The framework for determining whether a trademark is well-know is provided
- [Unreal Campaign presentation at Vega School, Gurgaon](https://rnaip.com/unreal-campaign-presentation-at-vega-school-gurgaon/) - RNA is pleased to share that the Unreal Campaign presentation was successfully conducted at Vega School, Gurgaon – National Capital Region (Haryana), India on 15th April 2025. We had the opportunity to engage with over 100 bright and curious students. The session was led by Rachna Bakhru (Partner) and tanya roy (Executive Assistant), who spoke
- [Temporary Suspension on New Trademark Filings in Bangladesh](https://rnaip.com/temporary-suspension-on-new-trademark-filings-in-bangladesh/) - Please note that the Bangladesh Intellectual Property Office has announced a temporary suspension of new trademark filings from May 15 to May 25, 2025, due to scheduled system upgrades. Manual filings and processing of existing cases will continue as usual during this period.
- [Buzzing with Insights: RNA at INTA 2025 in San Diego](https://rnaip.com/buzzing-with-insights-rna-at-inta-2025-in-san-diego/) - Ranjan Narula, Rachna Bakhru, Rahul Sethi, and Abhishek Nangia recently returned from an engaging week at the INTA Annual Meeting 2025 in San Diego. The event brought together IP professionals from around the world for a packed schedule of panel discussions, meetings, and networking receptions. The week offered valuable insights into emerging trends—ranging from the
- [Fair Play questioned: PPL Faces Setback in Licencing Fee Dispute](https://rnaip.com/fair-play-questioned-ppl-faces-setback-in-licencing-fee-dispute/) - The Court holds not making copyrighted work available on unreasonable terms could amount to refusal. The court emphasised the balance to be drawn between the interest of the owner of the copyright in protecting their works and the interest of the public to have access to the works This interesting copyright case involves a petition
- [Trademark Turbulence: Delhi High Court Grounds ‘PLUTO TOURS’ Over Branding Dispute](https://rnaip.com/trademark-turbulence-delhi-high-court-grounds-pluto-tours-over-branding-dispute/) - Delhi High Court upholds prior rights of trademark holder ‘PLUTO’ in travel industry. In a recent decision, the Delhi High Court issued an interim injunction against PTW Holidays Private Limited, restraining them from using the mark “PLUTO TOURS” or any other mark deceptively similar to “PLUTO” or its associated device mark. The case stemmed from
- [Rankings & Accolades, 2025](https://rnaip.com/rankings-accolades-2025/) - RNA is honoured to receive several recognitions and awards this year, which reflects the dedication and passion of our entire team. Each of the individuals and teams listed below have demonstrated exceptional performance and continue to inspire with their leadership. The award motivates us to continue delivering excellence and push boundaries in protecting and enforcing
- [CCAI GC Manthan in Tbilisi: A Platform for Strategic Insights and Dialogue](https://rnaip.com/ccai-gc-manthan-in-tbilisi-a-platform-for-strategic-insights-and-dialogue/) - Our Managing Partner, Ranjan Narula had the privilege of attending and moderating an insightful session on “Privacy and AI” at the CCAI GC Manthan Conclave, held in the dynamic city of Tbilisi, Georgia. This event is an Annual Flagship International Conclave of CCAI attended by several leading in-house counsels in India. The aim of the
- [Unreal Campaign Presentation & Awareness on Counterfeiting in Bangladesh](https://rnaip.com/unreal-campaign-presentation-awareness-on-counterfeiting-in-bangladesh/) - We had the wonderful opportunity to conduct a virtual International Trademark Association (INTA) Unreal Campaign session for the students at Independent University, Bangladesh. Representing RNA, Technology and IP Attorneys , Swati Dalal, Sonu Kapoor, and Vanshika Oberoi led an engaging discussion on the dangers of counterfeit products, brand protection, and the importance of intellectual property
- [FAQs - Trademark Filing and Prosecution in Nepal](https://rnaip.com/faqs-trademark-filing-and-prosecution-in-nepal/) - What is the law under which the Trademark Protection is granted in Nepal? Patents, Design and Trade Marks Act, 1965 governs and deals with the mechanism of registration of trademarks in Nepal. Which governmental body is responsible for registration of Intellectual properties in Nepal? The Department of Industry (DOI)is a government body that is responsible
- ["Two Brands, One Name: Madras HC Resolves HERITAGE Trademark Clash"](https://rnaip.com/two-brands-one-name-madras-hc-resolves-heritage-trademark-clash/) - In a recent judgment, the Madras High Court dealt with a rectification petition filed by Heritage Foods (India) Limited (HFL), seeking cancellation of a trademark registered in Class 29 by Good Health Agrotech Pvt. Ltd. (Good Health). The dispute revolved around the use of the mark “HERITAGE” by both parties in the food industry. Background
- [A Prescription for Confusion: Court Halts Use of 'Shri Ramchandra' in Medical College Name](https://rnaip.com/a-prescription-for-confusion-court-halts-use-of-shri-ramchandra-in-medical-college-name/) - In a recent trademark dispute before the Madras High Court, the petitioner, Sri Ramachandra Educational and Health Trust (SREHT) secured an interim injunction to prevent Dr. Babasaheb Ambedkar Vaidyakiya Pratishthan Sanchalit (BAVPS) from using the mark "Shri Ramchandra" in the name of its medical institution. This case sheds light on the complex intersection of religious
- [Unreal Campaign Presentation - Modern School, New Delhi](https://rnaip.com/unreal-campaign-presentation-modern-school-new-delhi/) - Our Associate Partner, Shabnam Khan was recently invited by Modern School, New Delhi to deliver a presentation to students of grade 12 on a topic that continues to challenge businesses and rights holders globally - Counterfeiting and Its Impact on Brands, Consumers, and Innovation. The presentation was conducted under the aegis of INTA through their
- [The AIPLA- Women in IP Global Networking Event 2025](https://rnaip.com/the-aipla-women-in-ip-global-networking-event-2025/) - The event aims to foster camaraderie among women IP professionals at different career stages and offer a valuable platform to network, exchange knowledge, address concerns, and share experiences. Some eminent women leaders in IP such as, Ms. Alida Lundqvist, Ms. Anita Jatav, Ms. Chhavi Garg , Ms. Lakshika Joshi, Dr. Kavita Taunk, Dr. Louise Boisen,
- [Delhi High Court recognises TAJ as a well-known trademark](https://rnaip.com/delhi-high-court-recognises-taj-as-a-well-known-trademark/) - IHCL sought a declaration that TAJ is a well-known mark for hospitality services and presented comprehensive evidence to substantiate its claim The court concluded that TAJ qualifies as a well-known mark under Section 2(1)(zg) The mark’s expansive international footprint and substantial revenue generation reinforced its status The Indian Hotels Company Limited (IHCL) has recently secured
- [Shape, Style and Statute: Exploring Design Laws in India](https://rnaip.com/shape-style-and-statute-exploring-design-laws-in-india/) - On 21st April 2025, our Associate Partner, Suvarna Pandey and Senior Associate, Girish Bhatia, were invited to deliver an insightful session on Design Law, shedding light on various dimensions of this fascinating and often underexplored area of Intellectual Property Rights. The session provided a comprehensive overview of the legal framework governing design protection, its practical
- [Interview on The Legal Side of AI & Media Protecting Innovation](https://rnaip.com/interview-on-the-legal-side-of-ai-media-protecting-innovation/) - Our Senior Associate, Girish Bhatia, was recently invited for an engaging interview with Lion Amirr Virani, Founder of The Emerging India Forum, on The Koffee Conversation Show, powered by Prime Infotech Solution. During the conversation, Girish shared compelling insights into the legal implications of Artificial Intelligence, emphasizing how AI is reshaping industries and challenging conventional
- [INTA Pre-annual Meet, 2025](https://rnaip.com/inta-pre-annual-meet-2025/) - Our Partner Rachna Bakhru, Managing Associate Swati Dalal, and Senior Associate Girish Bhatia recently attended the Pre-Annual Meet, where they engaged in enriching discussions on the dynamic and ever-evolving intersection of Intellectual Property (IP) and music. The session offered a platform to delve into the legal and creative dimensions of the music industry, highlighting the
- [Enforcement of IP and INTA Unreal Campaign](https://rnaip.com/enforcement-of-ip-and-inta-unreal-campaign/) - Our Senior Associate, Girish Bhatia conducted an engaging session on topic “Intellectual Property and INTA Unreal Campaign” on Friday, 16th April 2025, at Government Law College, Mumbai. The session was conducted online and attended by over 70 students, both online and offline, many of whom are specializing in intellectual property. The session focused on the
- [Raising Awareness on Intellectual Property and INTA Unreal Campaign](https://rnaip.com/raising-awareness-on-intellectual-property-and-inta-unreal-campaign-2/) - Our Senior Associate, Mr. Girish Bhatia, conducted an insightful session on “Intellectual Property and the INTA Unreal Campaign” on 2nd April 2025, hosted virtually by Vinayaka Mission's Law School (VMLS). The session witnessed active participation from over 80 students, all specializing in Intellectual Property Law. The discussion centered around the global challenge of counterfeit goods,
- [KROMALITE vs CHROMALITE: Brand Battles in the Beauty Industry](https://rnaip.com/kromalite-vs-chromalite-brand-battles-in-the-beauty-industry/) - In a recent ruling that reinforces the strength of prior use in trademark law, the Delhi High Court granted interim relief to FDC Limited in a passing off action against Palsons Derma Private Limited. The dispute centers on the alleged deceptive similarity between the plaintiff’s mark “KROMALITE” and the defendant’s mark “CHROMALITE”, both used for
- [Phonographic Performance Ltd (PPL), caught between a rock and a hard place!](https://rnaip.com/phonographic-performance-ltd-ppl-caught-between-a-rock-and-a-hard-place/) - Background The fallout from the Azure litigation discussed in my earlier post https://rnaip.com/phonographic-performance-limited-ppl-stumbles-in-a-music-licensing-dispute/ has put PPL in a tight spot. The dispute started over royalty payments for sound recordings licensed to PPL. The Single Judge of the Delhi High Court ruled in favour of PPL and stopped Azure from playing PPL's copyrighted works without a
- [Behind the Likes: Regulating Influencer Responsibility](https://rnaip.com/behind-the-likes-regulating-influencer-responsibility/) - The case highlights the tension between the freedom of speech of social media influencers and the reputation rights of businesses. The case underscores the role of social media influencers in educating consumers about product quality and safety, while also emphasizing the need for accountability and transparency from businesses. Background San Nutrition Pvt Ltd (San Nutrition)
- [Console to courtroom: decoding India’s safeguarding of video game characters](https://rnaip.com/console-to-courtroom-decoding-indias-safeguarding-of-video-game-characters/) - Characters play a vital role in the world of video games, as they are the heart of the story. Protecting these characters is therefore essential for a gaming company to gain traction and monetise them in a market that is experiencing significant growth. The global video game market was valued at $274.63 billion in 2024
- [Protection of Engineering Drawings - Copyright Vs Design](https://rnaip.com/protection-of-engineering-drawings-copyright-vs-design/) - Supreme Court recently examined interplay between copyright and design protection in a dispute concerning infringement of intellectual property rights regarding the design and manufacturing of internal parts of cryogenic storage tanks and distribution systems used for transporting industrial gases and liquefied natural gas (LNG). The judgement addresses the maintainability of the appeals and the application
- [Phonographic Performance Limited (PPL) Stumbles in a music licensing Dispute](https://rnaip.com/phonographic-performance-limited-ppl-stumbles-in-a-music-licensing-dispute/) - Facts and Background Phonographic Performance Limited (PPL) which owns and controls public performance rights of over 400 music labels with 45 lakh international and domestic sound recordings, issued a notice to Azure Hospitality Private Limited (Azure) on 20 July 2022, asking to cease and desist from exploiting the sound recordings in which PPL held copyright
- [Public Interest Prevails - Roche Denied Injunction in Patent Dispute](https://rnaip.com/public-interest-prevails-roche-denied-injunction-in-patent-dispute/) - CS(COMM) 567/2024, Delhi High Court. Background F. Hoffmann-La Roche AG (Roche) brought a Patent infringement case, at the Delhi High Court, against Natco Pharma Limited (Natco). The claim of Rochhe was based on infringement of its Patent for a compound Risdiplam marketed under the brand name EVRYSDI® used in the treatment of Spinal Muscular Atrophy
- [Trade mark Enforcement and Infringement](https://rnaip.com/trademark-enforcement-and-infringement/) - Our Senior Associate, Girish recently conducted an insightful session on Trademark Enforcement and Infringement for Lawkari, as part of their online certificate course. During the session, he provided a comprehensive overview of the various types of infringements recognized under the Trade Marks Act, 1999 and elaborated on the legal recourse available to brands facing such
- [Raising Awareness on Intellectual Property and INTA Unreal Campaign](https://rnaip.com/raising-awareness-on-intellectual-property-and-inta-unreal-campaign/) - Our Senior Associate, Girish Bhatia conducted an engaging session on topic “Intellectual Property and INTA Unreal Campaign” on Friday, 14th March 2025, at VELS School of Law, Chennai. The session witnessed an enthusiastic gathering of over 180 students, with 100 participants joining virtually via Google Meet and the rest attending in person through classrooms. The
- [Preventive Measures, Risk Management, and Policy Recommendations](https://rnaip.com/preventive-measures-risk-management-and-policy-recommendations/) - Our Senior Associate, Girish Bhatia, is honoured to be a part of the Two-Day International Conference on Intellectual Property Rights (IPR) organized by IILM University, Greater Noida, on March 10-11, 2025. As an esteemed panelist, he is honored to chair a session on "Preventive Measures, Risk Management, and Policy Recommendations", alongside distinguished experts in the
- [Letters Rogatory, a Valuable Tool for the Collection of Evidence across Borders.](https://rnaip.com/letters-rogatory-a-valuable-tool-for-the-collection-of-evidence-across-borders/) - Background The case involves a patent dispute between Pfizer Inc. and its subsidiaries (FoldRx Pharmaceuticals, LLC, PF PRISM IMB B.V., and Wyeth LLC) (Petitioners) against Softgel Healthcare Private Limited (Respondent), an Indian Company. The dispute centres around the alleged infringement of Pfizer's "441 Patent" related to TAFAMIDIS 61 mg capsules, sold under the brand name
- [14th Annual Pharma IPR India Conference in Mumbai](https://rnaip.com/14th-annual-pharma-ipr-india-conference-in-mumbai/) - We were delighted to be part of the 14th Annual Pharma IPR India Conference in Mumbai, where discussions around biologics and the evolving landscape of the Indian pharmaceutical industry took center stage. Suvarna Pandey, Associate Partner from our team participated in the conference. India, often referred to as the “pharmacy of the world,” plays a
- [Abstract Theory not supported by Scientific Evidence lacks Novelty and Inventive Step](https://rnaip.com/abstract-theory-not-supported-by-scientific-evidence-lacks-novelty-and-inventive-step/) - C.A.(COMM.IPD-PAT) 4/2025, I.A. 3780/2025 & I.A. 3781/2025 Delhi High Court The appellants through this Appeal before the Delhi High Court sought to overturn a decision by the Assistant Controller of Patents and Designs refusing their patent application, titled "Innovative Change To Solve Any Dispute, Unexpected Business Loss, Closures, Financial Loss, Unexpected Accidents,". The application was
- [Bombay High Court Overturns Refusal of "Khadi Prakritik Paint" Trademark Registration](https://rnaip.com/bombay-high-court-overturns-refusal-of-khadi-prakritik-paint-trademark-registration/) - In a significant ruling, the Bombay High Court has set aside the Trade Marks Registry’s refusal Order to register the device mark consisting of Prakriti Paint with cow head device logo under Class 2. The Court held that the Registrar of Trade Marks erred in applying Section 9(1)(b) of the Trade Marks Act, 1999, which
- [Session on Enforcement of IP and the INTA Unreal Campaign at NLU, Delhi](https://rnaip.com/session-on-enforcement-of-ip-and-the-inta-unreal-campaign-at-nlu-delhi/) - RNA, Technology and IP Attorneys is proud to have been a part of an engaging session organized by the Centre for Innovation, Intellectual Property and Competition (CIIPC) - IPR Chair, NLU Delhi, under the aegis of IQAC. Our colleagues, Adv. Girish Bhatia and Adv. Sonu Kapoor, led an insightful discussion on "Enforcement of IP and
- [Stories of Change Podcast – Rachna Bakhru](https://rnaip.com/stories-of-change-podcast-rachna-bakhru/) - In the latest episode of Stories of Change Podcast, Ms. Rachna Bakhru shared insights on Intellectual Property Rights being often overlooked in the social sector. Nonprofits use Intellectual Property such as logos and donor databases. You can listen to the podcast here.
- [Interesting chat with Lion Amirr Virani discussing about Patents](https://rnaip.com/interesting-chat-with-lion-amirr-virani-discussing-about-patents/) - In the episode of The Koffee Conversation Show, Suvarna Pandey shared insights into the dynamic world of Intellectual Property, from patents to copyrights. She further discussed how innovation is safeguarded through legal frameworks and technology commercialization. You can watch the full episode here.
- [Webinar – Kaushalya The Skill University](https://rnaip.com/webinar-kaushalya-the-skill-university/) - ATAL Online 6 Day Faculty Development Programme 2024-25 organized successfully with active participation of more than 110 candidates from 25 States. Suvarna Pandey shared insights on Effective Innovation Management in Agriculture and Life Sciences.
- [Frequently Asked Questions (FAQ) on .in Domain Dispute Resolution](https://rnaip.com/frequently-asked-questions-faq-on-in-domain-dispute-resolution/) - Understanding the Process and Procedures What is a .in domain dispute? .in domain dispute occurs when two or more parties claim rights to the same .in domain name. These disputes can arise due to various reasons, including trademark infringement, cybersquatting, or bad faith registration. Who oversees the resolution of .in domain disputes? The National Internet
- [INTA Unreal Campaign - Aishwarya College of Education, Jodhpur](https://rnaip.com/inta-unreal-campaign-aishwarya-college-of-education-jodhpur/) - Our Senior Associate, Girish Bhatia conducted an engaging INTA Unreal Campaign session on Saturday, 15th February 2025, at Aishwarya College of Education, Jodhpur. The event saw a turnout of over 150 enthusiastic attendees from various departments. The students were highly engaged and displayed a keen interest in learning how to become informed consumers, contributing to
- [India - Legal Landscape for Gaming Industry](https://rnaip.com/india-legal-landscape-for-gaming-industry/) - Q1: How does the Indian legal system differentiate between games of chance and games of skill? The Indian courts have used the "dominant factor test" or "predominant test" to determine whether skill or chance plays a predominant part in determining the result of the game. Games based on skill are kept out of the purview
- [E-Summit’25 – "Igniting Innovation, Empowering Entrepreneurs"](https://rnaip.com/e-summit25-igniting-innovation-empowering-entrepreneurs/) - Our Senior Associate, Girish Bhatia, was recently honored with an invitation to speak at E-Summit’25 – "Igniting Innovation, Empowering Entrepreneurs," organized by Amity University Rajasthan, Jaipur, in collaboration with the Entrepreneurship-Cell, Amity Innovation Incubator Jaipur. He actively participated in this transformative three-day summit, which served as a dynamic platform for visionary leaders, innovative startups,
- [International Trademark Association (INTA) Unreal Campaign session at Father Agnel School, New Delhi](https://rnaip.com/international-trademark-association-inta-unreal-campaign-session-at-father-agnel-school-new-delhi/) - RNA, Technology and IP Attorneys had the privilege of conducting an interactive International Trademark Association (INTA) Unreal Campaign session at Father Agnel School, New Delhi, where we engaged with 140 students from class 7. Eeshani Sharma and Vanshika Oberoi led the discussion, raising awareness about counterfeiting, its impact, and the importance of brand protection. The
- [International Trademark Association (INTA) 2025 Asia-Pacific Moot Court](https://rnaip.com/international-trademark-association-inta-2025-asia-pacific-moot-court/) - Our partner, Rachna Bakhru, was invited to adjudge the semi-final rounds of the INTA Asia-Pacific Moot Court Competition, bringing her expertise to this prestigious event. Hosted for the first time in New Delhi, India, the competition was an extraordinary showcase of legal talent, with the energy in the courtrooms reflecting the passion and dedication of
- [2nd International Negotiation-Mediation Competition by SVKM NMIMS' Kirit P. Mehta School of Law](https://rnaip.com/2nd-international-negotiation-mediation-competition-by-svkm-nmims-kirit-p-mehta-school-of-law/) - Our Senior Associate, Girish Bhatia, was recently honored to be invited as a judge for the 2nd International Negotiation-Mediation Competition, hosted by SVKM NMIMS' Kirit P. Mehta School of Law. This prestigious event brought together talented participants from various institutions, focusing on the art of mediation and negotiation as essential dispute resolution mechanisms. Girish had
- [Emerging Trends in Intellectual Property (IP) at Aishwarya College of Education](https://rnaip.com/emerging-trends-in-intellectual-property-ip-at-aishwarya-college-of-education/) - Our Senior Associate, Girish Bhatia, was recently invited to deliver a guest lecture on Emerging Trends in Intellectual Property (IP) at Aishwarya College of Education (Law). During the session, he explored the growing concerns surrounding artificial intelligence (AI) and its impact on IP rights. He discussed the evolving global jurisprudence on AI, examining how different
- [Advanced Certificate Course on Intellectual Property by The Legal Voice](https://rnaip.com/advanced-certificate-course-on-intellectual-property-by-the-legal-voice/) - Our Senior Associate, Girish Bhatia, was recently invited to deliver a session on IP in the Media & Entertainment industry as part of a specialized module. With rapid advancements and increasing legal complexities, this industry has been at the forefront of intellectual property discussions. The session delved into celebrity rights, copyright issues, trademark protection, and
- [Guest lecture on Intellectual property and INTA Unreal Campaign at GH Raisoni University](https://rnaip.com/guest-lecture-on-intellectual-property-and-inta-unreal-campaign-at-gh-raisoni-university/) - Our Senior Associate, Girish Bhatia, was recently invited to deliver a guest lecture on the Importance of Intellectual Property (IP) and the INTA Unreal Campaign at GH Raisoni University. The session was highly interactive, with students posing thought-provoking questions on who grants rights to infringers, the government's role in IP enforcement, and legal penalties for
- [INTA Speed Networking Session](https://rnaip.com/inta-speed-networking-session/) - Our Senior Associate, Girish Bhatia, recently attended a speed networking session organized by INTA, providing a fantastic opportunity to connect with colleagues from various jurisdictions worldwide. The session was thoughtfully structured to foster meaningful conversations and knowledge exchange among professionals from diverse backgrounds. Beyond discussing professional matters, what truly stood out was the opportunity to
- [Guest lecture on Intellectual property and INTA Unreal Campaign at Amity University Rajasthan, Jaipur](https://rnaip.com/guest-lecture-on-intellectual-property-and-inta-unreal-campaign-at-amity-university-rajasthan-jaipur/) - Our Senior Associate, Girish Bhatia, was recently invited to deliver a guest lecture on the Importance of Intellectual Property (IP) and the INTA Unreal Campaign at Amity University Rajasthan, Jaipur. The session emphasized the crucial role of IPR in fostering innovation, protecting businesses, and promoting economic growth. The lecture covered key aspects of IP protection,
- [Vidhi Pragati National IP Moot Court at National Law University, Delhi](https://rnaip.com/vidhi-pragati-national-ip-moot-court-at-national-law-university-delhi/) - Our Senior Associate, Girish Bhatia, was recently honored with an invitation to judge the Vidhi Pragati National IP Moot Court Competition at National Law University, Delhi. This prestigious event was organized by the Department for Promotion of Industry and Internal Trade (DPIIT) in collaboration with the Centre for Innovation, Intellectual Property and Competition (CIIPC) at
- [Our partner, Rachna Bakhru talks about unreal campaign initiative at the ACE conference in Geneva](https://rnaip.com/our-partner-rachna-bakhru-talks-about-unreal-campaign-initiative-at-the-ace-conference-in-geneva/) - Ms. Rachna Bakhru represented International Trademark Association (INTA) and shared the work of its Unreal Campaign at the World Intellectual Property Organization - WIPO ACE event. The awareness campaign is rooted in the community engagement and the passion of its volunteers.
- [India’s medical tourism: the synergy of AI, IP, and data privacy](https://rnaip.com/indias-medical-tourism-the-synergy-of-ai-ip-and-data-privacy/) - India's medical tourism sector is booming, fuelled by affordable treatments, highly skilled healthcare professionals, minimal waiting times and quick access, and cutting-edge medical technology. The appeal is enhanced by traditional medicine systems such as ayurveda and yoga, along with wellness retreats, and healing resorts offering post-treatment care, physiotherapy, and mental health support. According to Crisil,
- [The Internet Archive case: Implications for India's copyright landscape](https://rnaip.com/the-internet-archive-case-implications-for-indias-copyright-landscape/) - The recent ruling by the United States Court of Appeals for the Second Circuit in the case of Hachette Book Group, Inc. v Internet Archive (the IA Case) has raised significant issues regarding copyright, fair use, and access to information. The Internet Archive (IA), a non-profit organisation, digitises print books and provides them for free
- [The Division Bench holds, Bar Council Rules and the Advocate's Act do not Prohibit, the Gift of Goodwill](https://rnaip.com/the-division-bench-holds-bar-council-rules-and-the-advocates-act-do-not-prohibit-the-gift-of-goodwill/) - At the centre of this dispute is the goodwill of the law firm Remfry & Sagar and its name that was gifted by Dr V. Sagar to the Remfry & Sagar Consultants Private Limited (RSCPL), a private limited company substantially held by Dr. Sagar's children who were not legal practitioners The appeals before the Delhi
- [Innovators & Investors Summit 2025 by Indian People Forum's Business & Professional Council](https://rnaip.com/innovators-investors-summit-2025-by-indian-people-forums-business-professional-council/) - Attended by: Rachna Bakhru and Shipra Alisha Philip Date: 22nd January, 2025 We had the opportunity to attend the networking session organized by the Indian People Forum’s Business and Professional Council, which hosted the Innovator and Investor Summit in Dubai. During the event, we engaged with numerous entrepreneurs and investors from the Indian diaspora, gaining
- [World Intellectual Property Forum, 2025 at Conrad Dubai](https://rnaip.com/world-intellectual-property-forum-2025-at-conrad-dubai/) - Attended by: Rachna Bakhru and Shipra Alisha Philip Date: 22nd to 24th January, 2025 The conference theme: "INTELLECTUAL PROPERTY IN AN AI-DRIVEN WORLD," brought together thought leaders, legal experts, and innovators to discuss the evolving relationship between IP and emerging technologies. Notable sessions attended: Fostering Economic Growth Through Ip And Innovation Networks. Strength in Unity:
- [Global IP, AI, and Tech Conclave and Awards, 2025 by Legal Era at Hotel Taj, Dubai](https://rnaip.com/global-ip-ai-and-tech-conclave-and-awards-2025-by-legal-era-at-hotel-taj-dubai/) - Attended by: Rachna Bakhru and Shipra Alisha Philip Date: 20th & 21st January, 2025 Conference Theme: Artificial Intelligence Changing the World of IP & Tech Notable sessions or presentations attended: AI Blackbox: With Quickly Evolving, Galloping Technologies, Can AI Be the Proprietor of Intellectual Properties It Creates? Interaction between IP Management and Artificial Intelligence. Maximizing
- [Assocham Special Session on Fuelling Growth of the Indian Startup Ecosystem](https://rnaip.com/assocham-special-session-on-fuelling-growth-of-the-indian-startup-ecosystem/) - Shabnam Khan attended the Assocham Special Session on Fuelling Growth of the Indian Startup Ecosystem held on 15 Jan 2025 in New Delhi. The keynote was delivered by Mr. Satya Prakash Singh, Chief General Manager of SIDBI, who shared valuable insights on the role of purpose and vision in driving startup growth in India.
- [The Koffee Conversation: Trademark Tales: Defending Brands, Building Futures](https://rnaip.com/the-koffee-conversation-trademark-tales-defending-brands-building-futures/) - Mr. Abhishek Nangia shared insights, strategies and anecdotes on the topic: Trademark Tales: Defending Brands and Futures. Listen to the full episode here.
- [Guest Lecture by Ms. Rachna Bakhru | South Asian Global IP Summit, 2024 Event by Centre for Development of Intellectual Property and Research (CDIPR)](https://rnaip.com/guest-lecture-by-ms-rachna-bakhru-south-asian-global-ip-summit-2024-event-by-centre-for-development-of-intellectual-property-and-research-cdipr/) - Ms. Rachna Bakhru shared knowledge on significance of geographical indications, protection available under the GI act and case decisions. She further discussed the initiative to spread awareness on this important subject and IP laws. You can access the presentation here.
- [Invitation for a podcast on 'Intellectual Property in Social Media'](https://rnaip.com/invitation-for-a-podcast-on-intellectual-property-in-social-media/) - In the latest episode of Stories of Change podcast, Ms. Rachna Bakhru, shared real examples of these risks. She also gave tips on how nonprofits can secure their IP. Listen to the full episode here.
- [Music composer has no right to license Musical Rights](https://rnaip.com/music-composer-has-no-right-to-license-musical-rights/) - Background of the Case Saregama India Limited (Saregama) filed a suit against Vels Film International Limited (Defendant no 1) and others, at the Delhi High Court, for infringing its copyright in the song "En Iniya Pon Nilave" from the film "Moodu Pani" by using it in the film "Aghathiyaa". Saregama claimed ownership of the song
- [Revocation Petition Maintainable though no Live Patent Subsisting](https://rnaip.com/revocation-petition-maintainable-though-no-live-patent-subsisting/) - I.A. 7635/2024 and I.A. 46685/2024IN C.O.(COMM.IPD-PAT) 38/2022 Background The Petitioner, Macleods Pharmaceuticals Ltd., is engaged in manufacturing and marketing diverse pharmaceutical products, including anti-diabetic drugs. The Respondent no. 2, Boehringer Ingelheim Pharma GmbH & Co. KG, is a company organized under the laws of Germany and is involved in developing, manufacturing, and marketing pharmaceuticals worldwide,
- [Delhi High Court Cancels Trademark and Copyright Registrations for “PHENSERYL”](https://rnaip.com/delhi-high-court-cancels-trademark-and-copyright-registrations-for-phenseryl/) - The Delhi High Court has ruled in favor of Opella Healthcare Group (“Petitioner”) in its bid to protect its mark "PHENSEDYL." The dispute revolved around the Respondent’s (Vaibhav) mark "PHENSERYL" and its associated artistic work, which the Petitioner argued were deceptively similar to their well-known trademark. The Petitioner has also obtained an injunction from the
- [Session on Intellectual Property Rights for Judicial Officers](https://rnaip.com/session-on-intellectual-property-rights-for-judicial-officers/) - An informative session on Intellectual Property Rights was conducted for Judicial Officers at Kerala Judicial Academy in Kochi. The session focused on addressing foundational aspects of trademark law, and intricacies of infringement and passing off.
- [IP firm seeks to restrain former employees from disclosing confidential information](https://rnaip.com/ip-firm-seeks-to-restrain-former-employees-from-disclosing-confidential-information/) - The case highlights that apart from claims of ‘trade secrets’ and ‘confidential information’ the attorneys working with a law firm are bound by attorney client communication being privileged and cannot be divulged to a third party under any circumstances. Sharing such information and communication would not only be unethical but also a breach of the
- [RNA recognized by the prestigious Asia IP](https://rnaip.com/rna-recognized-by-the-prestigious-asia-ip/) - RNA has been honored by the esteemed Asia IP for its excellence in prosecution, enforcement, and Technology, Media and Telecom, at the award ceremony held in Manila.
- [Graphic Era Hill University, Dehradun - Online sessions by Ms. Swati Dalal and Mr. Anand Agrahari on November 18, 2024](https://rnaip.com/graphic-era-hill-university-dehradun-online-sessions-by-ms-swati-dalal-and-mr-anand-agrahari-on-november-18-2024/) - Graphic Era Hill University’s Intellectual Property Rights Cell and Institution’s Innovation Council organised 2024: The Power of Ideas & The Spark of Innovation, to foster a culture of creativity, research, and innovation among students while raising awareness about intellectual property rights.
- [INTA Leadership Meet 2024, New Orleans, Louisiana, from November 12-15, 2024.](https://rnaip.com/inta-leadership-meet-2024-new-orleans-louisiana-from-november-12-15-2024/) - At the INTA Leadership Meet 2024 in New Orleans, significant progress was made in advancing key initiatives aimed at tackling global challenges in intellectual property. A central topic of the meeting was the ongoing success of the UNREAL Campaign, a pivotal effort in the fight against counterfeiting. Our partner Rachna Bakhru, alongside other prominent leaders
- [APAA (Asian Patent Attorneys Association) in Manila, Phillipines](https://rnaip.com/apaa-asian-patent-attorneys-association-in-manila-phillipines/) - Ms. Suvarna Pandey and Ms. Eeshani Sharma attended APAA (Asian Patent Attorneys Association) in Manila, Phillipines from November 17th to 21st. The conference featured productive workshops, round table discussions and informative meetings on latest developments, issues and policies in intellectual property law in the Asian region.
- [20 Years of Excellence: A Milestone Worth Celebrating](https://rnaip.com/20-years-of-excellence-a-milestone-worth-celebrating/) - This year marks a significant milestone for RNA Technology & IP Attorneys as we celebrated 20 glorious years of service, commitment, learning, and growth. The journey has been remarkable—built on dedication, trust, and the support of our clients, colleagues, and partners. This special occasion became even more meaningful as it coincided with the vibrant festival
- [NATIONAL SEMINAR on “Various Aspects of the Patentability Requirements as per Indian Patents act”](https://rnaip.com/national-seminar-on-various-aspects-of-the-patentability-requirements-as-per-indian-patents-act/) - NATIONAL SEMINAR on “Various Aspects of the Patentability Requirements as per Indian Patents act” organized by Science and Technology Council, Uttarakhand Ms. Suvarna Pandey delivered a session on Various Aspects of the Patentability Requirements as per Indian Patents act.
- [NATIONAL SEMINAR on “Various Aspects of Intellectual Property Rights”](https://rnaip.com/national-seminar-on-various-aspects-of-intellectual-property-rights/) - Ms. Rachna Bakhru had an impactful session on Protection of Plant Varieties and Farmers’ Rights Act. The enthusiastic participation of the attendees was quite fascinating.
- [Unreal Campaign Session through International Trademark Association (INTA) at GLA University](https://rnaip.com/unreal-campaign-session-through-international-trademark-association-inta-at-gla-university/) - Interaction with the students of GLA University Ms. Rachna Bakhru delivered an impactful Unreal Campaign Session through International Trademark Association (INTA). She discussed the significance of brands, dangers of purchasing counterfeit products and IP crimes in the digital space.
- [INTA Unreal Campaign and the pressing issue of IP crimes in the digital realm](https://rnaip.com/inta-unreal-campaign-and-the-pressing-issue-of-ip-crimes-in-the-digital-realm/) - On September 9, 2024, Abhishek Nangia delivered an impactful session at UPES, Dehradun, shedding light on the INTA Unreal Campaign and the pressing issue of IP crimes in the digital realm. The enthusiastic participation of the students was quite fascinating.
- [38th Annual MARQUES Conference from 24-27 September 2024 in Stockholm, Sweden](https://rnaip.com/38th-annual-marques-conference-from-24-27-september-2024-in-stockholm-sweden/) - Ms. Shabnam Khan attended the 38th Annual MARQUES Conference from 24-27 September 2024 in Stockholm, Sweden. She connected with fellow IP professionals and engaging in discussions about the latest trends in trademarks.
- [How to Strengthen your Personal Brand in the series of Transformative Learning Experience workshops](https://rnaip.com/how-to-strengthen-your-personal-brand-in-the-series-of-transformative-learning-experience-workshops/) - Members of our team had an engaging workshop on How to Strengthen your Personal Brand in the series of Transformative Learning Experience workshops being organised by the firm. The workshop helped the members gain valuable insights and offered practical tips to guide them in defining and enhancing their unique personal styles. The voice modulation, power
- [Zydus Wins Injunction Against Alder in "BIOCHEM" Trademark Case](https://rnaip.com/zydus-wins-injunction-against-alder-in-biochem-trademark-case/) - Zydus Healthcare Ltd. (“Zydus”) and Alder Biochem Pvt. Ltd. (“Alder”) are at loggerheads over the mark BIOCHEM. Zydus brought trademark infringement and passing-off lawsuit against Alder's use of the mark ALDER BIOCHEM as its trade name. Zydus alleged that a) Alder’s use violated its intellectual property rights over the trademark BIOCHEM b) Alder's adoption of
- [Realistic costs ought to be awarded considering ever-increasing litigation expenses](https://rnaip.com/realistic-costs-ought-to-be-awarded-considering-ever-increasing-litigation-expenses/) - Facts and Background The Plaintiffs, AstraZeneca, filed a suit (CS (Comm.) 101/2022) at the Delhi High Court seeking a permanent injunction to restrain the Defendant, Westcoast Pharmaceutical Works Limited from infringing their patent IN 297581. The Patent was for the novel compound Osimertinib, used for treating specific types of non-small cell lung cancer. In January
- [Madras High Court orders removal of SUGUNA mark from Trademark Register](https://rnaip.com/madras-high-court-orders-removal-of-suguna-mark-from-trademark-register/) - The Madras High Court was dealing with the cancellation petition filed by V. Lakshminarayanasamy, the Petitioner, who is the registered owner of the trademark in Class 7 for motors and fans. The Petitioner is aggrieved by the registration of an identical mark in favour of the Respondent, Siva Bhaskaren. This note discusses the contentions raised
- [Jay Switches India Pvt Ltd vs. Sandhar Technologies Ltd & Ors](https://rnaip.com/jay-switches-india-pvt-ltd-vs-sandhar-technologies-ltd-ors/) - The claims define the scope of the invention and must be read along with the complete specification. Background The subject matter of the patent in this case is an "Air Tight Fuel Cap". The patent, registered as patent no. 427110, involves a fuel cap designed to be secured intermittently to a fuel filler neck attached
- [Navigating the Complexities of ‘HealthWashing’: Legal and Regulatory Perspectives in India](https://rnaip.com/navigating-the-complexities-of-healthwashing-legal-and-regulatory-perspectives-in-india/) - Healthwashing refers to marketing strategies that make products appear healthier by highlighting certain ingredients or qualities, while downplaying or omitting other less desirable aspects. This misleading practice can have significant implications, especially when consumers rely on these claims for decisions that impact their health. Terms like “all-natural,” “fat-free,” and “immunity-boosting” are used to create an
- [Madras High Court cancels registration of ‘CIT' mark denies claim of ‘honest and concurrent’ use.](https://rnaip.com/madras-high-court-cancels-registration-of-cit-mark-denies-claim-of-honest-and-concurrent-use/) - The case involves a dispute between V. Rangasamy Naidu Educational Trust (Petitioner) and Parthasarathy Seniammal Educational Trust (Respondents) over the use of the trademark "CIT" in the field of education. The Petitioner claims use of the mark since 1956 and is the registered proprietor, seeks the cancellation of the Respondents' registration of the mark in
- [Use of terms "payment" and "transactions" does not automatically classify an invention as a Business Method](https://rnaip.com/use-of-terms-payment-and-transactions-does-not-automatically-classify-an-invention-as-a-business-method/) - The case involves an appeal by COMVIVA TECHNOLOGIES LIMITED (C.A.(COMM.IPD-PAT) 492/2022) against the decision of the Assistant Controller of Patents and Designs. The Controller refused the patent application titled "Methods and Devices for Authentication of an Electronic Payment Card using Electronic Token" on the grounds that the claims were in the nature of a business
- ['VARUN' or ‘ARUN’ ice cream- Are they confusing?](https://rnaip.com/varun-or-arun-ice-cream-are-they-confusing/) - Case Background: Hatsun Agro Product Limited (Petitioner) sought to remove the trademark 'VARUN' used by the Respondent Balakrishnan Nair for ice creams, claiming it was similar to their trademark 'ARUN' used by them since 1970. This note examines the core arguments put forward by the parties and the order passed by the Court. Petitioner in
- [Onus is on the Petitioner to establish grounds for Revocation](https://rnaip.com/onus-is-on-the-petitioner-to-establish-grounds-for-revocation/) - The Petitioner, Embio Limited (Embio), sought the revocation of a patent granted to the first respondent, Malladi Drugs & Pharmaceuticals Ltd. The patent in question (Case no. (ORA/35/2014/PT/CHN); Embio Limited Vs. Malladi Drugs & Pharmaceuticals Ltd. and Ors.) pertains to a method for the preparation of new optically pure 1-phenyl-2 (N-alkyl/arylamino) propanol hydrochlorides with 100%
- [Star shines over Star Plastics in a Dispute over the Trademark ‘STAR’](https://rnaip.com/star-shines-over-star-plastics-in-a-dispute-over-the-trademark-star/) - The dispute before the Madras High Court revolves around the trademark ‘STAR’. The Petitioner, Star Plastics filed the rectification petition to cancel the registration for the mark in class 11 in the name of the Respondent, Sajeev Antony. This note discusses the contentions raised by the parties and the findings of the High Court while
- [Court upholds validity of Lock-in period in an Employment agreement](https://rnaip.com/court-upholds-validity-of-lock-in-period-in-an-employment-agreement/) - Background The case involves three petitions filed by Lily Packers Private Limited against three different respondents working at different positions in the Petitioner company (ARB.P. 1210, 1212 and 1213/2023). All the Respondents had left the company during the lock-in period of 3 years from the date of joining the company. The employment contract had an
- [Madras High Court - the battle ground for ‘KCP’ as a company name](https://rnaip.com/madras-high-court-the-battle-ground-for-kcp-as-a-company-name/) - This writ petition challenges the order issued by the Regional Director of Companies appointed under the Indian Companies Act (Respondent no 1), which directed the petitioner, KCP Infra Ltd. (Petitioner), to change its name and stop using "KCP". The 2nd Respondent, KCP Ltd had initiated proceedings under Section 16 of the Companies Act, 2013, seeking
- [Madras High Court cancels registration of LEGO for confectionery](https://rnaip.com/madras-high-court-cancels-registration-of-lego-for-confectionery/) - This case revolves around a trademark dispute between a globally renowned toy and games manufacturer, Lego Juris (the Petitioner) seeking to cancel the registered marks containing LEGO of a confectionery producer, Gurumukh Singh (the Respondent). The Respondent has registered the marks LEGO CUTEHEART and LEGO COFFYBOND in class 30. This note discusses the contentions raised
- [Regulating Greenwashing or Misleading Environmental Claims](https://rnaip.com/regulating-greenwashing-or-misleading-environmental-claims/) - Consumer Protection Authority of India has come up with The Guidelines for Prevention and Regulation of Greenwashing or Misleading Environmental Claims, 2024. These guidelines are an extension of the Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 1) Objective of the Guidelines to prevent deceptive or misleading practices related to environmental
- [Wipro stopped from using EVACARE brand](https://rnaip.com/wipro-stopped-from-using-evacare-brand/) - Background The case revolves around the use of the trademark "EVECARE". Himalaya Wellness Company (Himalaya) claims to be using the mark since 1998 for their ayurvedic proprietary medicine targeted towards women for menstrual disorder. Wipro Enterprises Private Limited (Wipro) registered an identical mark in 2021 for cosmetic intimate wash. Himalya brought an action against WIPRO
- [Holistic Trademark Evaluation necessary for Trademark Infringement](https://rnaip.com/holistic-trademark-evaluation-necessary-for-trademark-infringement/) - The Division Bench (DB - two Judge Bench) of the Delhi High Court in an appeal against the order of the Commercial Court, Delhi holds use of a sky-blue background and white font in their label is not sufficient for trademark protection as blue is commonly associated with water. The representation of the parties’ marks
- [adidas successfully stops the misuse of its brand on textiles](https://rnaip.com/adidas-successfully-stops-the-misuse-of-its-brand-on-textiles/) - In the trademark dispute between adidas AG and Keshav H Tulsiani over the mark ‘ADIDAS’, the Delhi High Court ruled in favour of adidas, finding the defendant’s use of the mark to be trademark infringement. The court granted a permanent injunction, reinforcing the protection of the well-known mark adidas against its unauthorized use on textiles.
- [Madras High Court Upholds Plaintiff’s Exclusive Rights in 'CYCLE' Trademark](https://rnaip.com/madras-high-court-upholds-plaintiffs-exclusive-rights-in-cycle-trademark/) - The parties are at logger heads over use of the brand ‘CYCLE. N. Ranga Rao & Sons Private Limited, the Plaintiff, brought trademark infringement and passing off suit against Sujatha Match Works, the Defendant. The Plaintiff claims that they have been using the "Cycle" trademark for incense sticks/agarbathies since 1981 and have built a strong
- [Fraudster Files a Domain Complaint against the Real Domain Owner](https://rnaip.com/fraudster-files-a-domain-complaint-against-the-real-domain-owner/) - Possibly, the first of its kind domain dispute (case no D2024-2516) before the WIPO Arbitration and Mediation where the Complainant was found to have impersonated the Respondent and its vice president Mr. Williams, and fraudulently tried to gain control of its domain name . Facts and Background Parties Involved: The Complainant was filed by Quickware,
- [FAQs on Form No. 27 and Timelines following the 2024 Amendments](https://rnaip.com/faqs-on-form-no-27-and-timelines-following-the-2024-amendments/) - The Office of the Controller General of Patents, Designs & Trademarks (CG's Office) has released a set of Frequently Asked Questions (FAQs) regarding Form-27 or the Working Statement requirements under the Patents Act, 1970 (referred to hereafter as the Patents Act). The CG's office received multiple communications from various stakeholders requesting the issuance of guidelines
- [Madras High Court holds 'CALDALE' not similar to 'CARDACE’](https://rnaip.com/madras-high-court-holds-caldale-not-similar-to-cardace/) - Sanofi-Aventis Deutschland GmbH (Sanofi) has filed this appeal before the Madras High Court against the order of the Assistant Registrar of Trademarks, Chennai in opposition proceedings dismissing opposition against the mark CALDALE of Jagdale Industries Private Limited (Jagdale). Sanofi, the registered proprietor of the mark, CARDACE in class 5 filed opposition against the mark CALDALE
- [TikTok’s Algorithm recommendation is an ‘Expressive Activity’ holds the US Appeal Court](https://rnaip.com/tiktoks-algorithm-recommendation-is-an-expressive-activity-holds-the-us-appeal-court/) - This decision (by the US Court of Appeals for The Third Circuit) has significant implications for social media platforms, not only in the US but globally, as it suggests that algorithmic recommendations can be considered first-party speech and therefore not protected under Section 230 of the Communications Decency Act (CDA). This could potentially open the
- [Delhi High Court Allows Blackberry Patent on ‘Auto Selection of Media Files’](https://rnaip.com/delhi-high-court-allows-blackberry-patent-on-auto-selection-of-media-files/) - Background: The convergence of various technologies on single devices has posed significant challenges to technology developers. The Appellant, BlackBerry Limited, a corporation organized under the laws of Ontario, Canada, specializes in providing telecommunication products, services, and solutions. The present appeal under Section 117A of the Patents Act, 1970, was originally filed by BlackBerry Limited before
- [Delhi High Court upholds TSL Tirupati to be similar to ‘MM Tirupati’](https://rnaip.com/delhi-high-court-upholds-tsl-tirupati-to-be-similar-to-mm-tirupati/) - ‘Tirupati’, the city where the famous Sri Venkateswara Temple sits atop one of the 7 peaks of Tirumala Hills is the bone of contention in the instant dispute between two entities for goods falling in class 17 The Plaintiff, Tirupati Structurals Limited (TSL) filed the suit, at the Delhi High Court, against the Defendant, Jai
- [Bombay High Court upholds the personality rights of Arijit Singh against misuse by AI platforms](https://rnaip.com/bombay-high-court-upholds-the-personality-rights-of-arijit-singh-against-misuse-by-ai-platforms/) - The rapid expansion of technology is leading to digital transformation in every walk of life. At the same time technological advancement has led to the creation of software/applications or tools that are being deployed for proliferation of Intellectual Property infringements for making profit. The recent trend is to create AI applications that can use name,
- [Lacoste says no space for two crocodiles](https://rnaip.com/lacoste-says-no-space-for-two-crocodiles/) - The case involves a trademark dispute between Lacoste and Crocodile International Pte Ltd. over the use of a crocodile device on clothing articles. Lacoste initiated the lawsuit to protect their copyright and trademark rights in the crocodile device, which they claim is being infringed upon by Crocodile International. Lacoste in the lawsuit seeks a permanent
- [Intellectual Property Rights (IPR) laws for Civil Judges](https://rnaip.com/intellectual-property-rights-ipr-laws-for-civil-judges/) - We are pleased to announce that Mr. Mohandas Konnanath, Associate Partner at RNA, Technology and IP Attorneys, recently delivered an insightful and comprehensive session on Intellectual Property Rights (IPR) laws for Civil Judges. The session was part of an advanced training program organized by the Cell for IPR Promotion and Management (CIPAM) in collaboration
- [BIRAC Sensitization Workshop on Bio Entrepreneurship, Intellectual Property Rights, and Technology Management in Lifesciences](https://rnaip.com/birac-sensitization-workshop-on-bio-entrepreneurship-intellectual-property-rights-and-technology-management-in-lifesciences/) - We are pleased to share that Ms. Suvarna Pandey, Associate Partner at RNA, Technology and IP Attorneys, was a featured speaker at the BIRAC Sensitization Workshop on Bio Entrepreneurship, Intellectual Property Rights, and Technology Management in Lifesciences, held on 2nd August at the Mini Golden Jubilee Auditorium, NEHU, Shillong. Suvarna's insightful session covered crucial
- [PROTECTION OF TATTOOS AS COPYRIGHT WORK IN INDIA](https://rnaip.com/protection-of-tattoos-as-copyright-work-in-india/) - The note discusses protection of tattoos as copyright work in India. People are fascinated by tattoos for several reasons: Self-Expression: Tattoos are a means of self-expression through creativity and originality. They allow individuals to showcase their personality, beliefs, and experiences in a unique and permanent way. Cultural Significance: Tattoos have been practiced since prehistoric times
- [Delhi High Court upholds protection for alphanumeric codes as trademarks](https://rnaip.com/delhi-high-court-upholds-protection-for-alphanumeric-codes-as-trademarks/) - The case revolves around the use of specific alpha numerals in trademarks. The court ruled that if a particular alpha numeral, used as part of a trademark, is unique to a product and has become a source identifier, the proprietor of the trademark would be entitled to protection in respect of the said alpha numerals,
- [Vans Inc. fails in its attempt to cancel the mark “IVANS” and “IV ANS NXT”](https://rnaip.com/vans-inc-fails-in-its-attempt-to-cancel-the-mark-ivans-and-iv-ans-nxt/) - Vans Inc., USA, (hereinafter referred to as “Petitioner”) filed rectification petitions seeking cancellation of FCB Garment Tex India Pvt. Ltd. and Fateh Chand Bhansali’s (hereinafter collectively referred to as “Respondent”) trademarks “IVANS” and “IV ANS NXT” (impugned marks) under Sections 47, 57 and 125 of the Trade Marks Act, 1999 (hereinafter referred to as the said
- [Trademark Prosecution and the Unreal Campaign for Ordnance Factory Researchers in Ambajhari, Pune](https://rnaip.com/trademark-prosecution-and-the-unreal-campaign-for-ordnance-factory-researchers-in-ambajhari-pune/) - We are proud to announce that Ms. Shabnam Khan, Associate Partner at RNA Technology and IP Attorneys, recently conducted an insightful session on Trademark Prosecution and the Unreal Campaign for the researchers at Ordnance Factory, Ambajhari, Pune, Maharashtra. The session, held on July 31, 2024, provided in-depth knowledge about the intricacies of trademark prosecution,
- [JK cement restrained from using ‘WEATHERSHIELD’](https://rnaip.com/jk-cement-restrained-from-using-weathershield/) - Akzo Nobel Coatings International B V (Akzo) filed the suit against JK Cement Ltd (JK Cement) alleging trademark infringement, passing off, etc., and to restrain the latter from using the mark ‘WEATHERSHIELD’. This note discusses the contentions raised by the parties and the findings of the Court. The court examined various aspects, including the distinctiveness
- [High Court sets aside injunction for suppression of material facts](https://rnaip.com/high-court-sets-aside-injunction-for-suppression-of-material-facts/) - This is the second round of litigation between Cognizant Technologies Solutions (Cognizant) and Atyati Technologies Private Limited (Atyati). The bone of contention is the use of the logo as depicted below: Atyati brought this suit for trademark and copyright infringement at the Bombay High Court and the High Court vide its order dated March 19,
- [The basics of intellectual property rights and computer-related inventions](https://rnaip.com/the-basics-of-intellectual-property-rights-and-computer-related-inventions/) - Mr. Chandan Kumar attended the Faculty Development Program (FDP) organized by Mangalmay Institute of Management & Technology on June 25th as a speaker. The topic covered was “the basics of intellectual property rights and computer-related inventions." In the basics of intellectual property rights, he covered all types of intellectual property rights, and in computer-related
- [Patent filing and prosecution in Agricultural technologies and Plant Biotechnologies](https://rnaip.com/patent-filing-and-prosecution-in-agricultural-technologies-and-plant-biotechnologies/) - We are pleased to announce that Ms. Suvarna Pandey, Associate Partner at RNA, Technology and IP Attorneys, recently visited AAU Incubation Center (Agri & Food Business Incubator), India's leading Agri-Food Tech Incubation Center supported by Anand Agricultural University, Gujarat. Ms. Pandey conducted an insightful session on patent filing and prosecution in Agricultural technologies and
- [(INTA)’s Unreal Campaign to Scottish High International School, Gurgaon](https://rnaip.com/intas-unreal-campaign-to-scottish-high-international-school-gurgaon/) - RNA, Technology and IP Attorneys is pleased to share that we brought International Trademark Association (INTA)’s Unreal Campaign to Scottish High International School, Gurgaon, yesterday. It was an engaging session where students delved into the world of trademarks, brands, and the dangers of counterfeiting. The curiosity by both the students and the faculty members made
- [Delhi High Court holds VIGOURA is deceptively similar to VIAGRA](https://rnaip.com/delhi-high-court-holds-vigoura-is-deceptively-similar-to-viagra/) - This note discusses the judgement passed by the Delhi High Court in a suit filed by the Plaintiff, Pfizer Products Inc (Pfizer). Pfizer filed the suit to safeguard its trademark rights in "VIAGRA," a well-known erectile dysfunction drug and to permanently restrain the Defendants, Renovision Exports Pvt. Ltd., and Others (Renovision) from marketing a homeopathic
- [IPR CUSTOMS & BORDER PROTECTION - INDIA AND ITS NEIGHBOURS](https://rnaip.com/ipr-customs-border-protection-india-and-its-neighbours/) - In the age of globalization, the importance of Intellectual Property Rights (IPR) has taken centre stage. Till now, the role of Customs was primarily collecting Customs duties and other indirect taxes. However, with the advent and the development of e-commerce the environment in which Customs operate altered dramatically. Although, civil, criminal, and administrative remedies are
- [‘Southern Infosys’ loses its claim to use Infosys as corporate name](https://rnaip.com/southern-infosys-loses-its-claim-to-use-infosys-as-corporate-name/) - Infosys Limited (Infosys) brought an action against Southern Infosys Limited (SIL) seeking to restrain SIL from using Infosys’s registered trademark “INFOSYS” as part of its trade name. Infosys alleged that SIL’s use of its registered trademark risks misleading consumers and eroding Infosys’s unique brand identity. This case summary will provide an overview of the facts,
- [Alkem defends its adoption of ALSITA mark](https://rnaip.com/alkem-defends-its-adoption-of-alsita-mark/) - Macleods Pharmaceuticals Ltd (MPL) relying on its rights in the prior used mark ALRISTA filed the suit at the Delhi High Court against the Defendant, Alkem Laboratories Ltd. & Anr, (Alkem) to restrain them from manufacturing, selling, or promoting their pharmaceutical product under the trademark ‘ALSITA’. MPL contends that ALRISTA and ALSITA are deceptively similar
- [Registration of a same or similar Design in a foreign country, may not amount to publication- Calcutta High Court](https://rnaip.com/registration-of-a-same-or-similar-design-in-a-foreign-country-may-not-amount-to-publication-calcutta-high-court/) - “In an ideal world, all good patents ought to be granted and all bad ones should be refused. How that is to be achieved given the ever-rising flood of applications and the ever-increasing importance of Chinese prior art, I have no real idea” [“IP and Other Things”-Robin Jacob at page 239] It is a settled
- [Shoe manufacturers fight over representation of stylized ‘X’](https://rnaip.com/shoe-manufacturers-fight-over-representation-of-stylized-x/) - Relaxo Footwears Limited (Relaxo) brought an action against XS Brands Consultancy Private Limited & Ors (XS Brands). Relaxo relying on its rights in the device/mark seeks to restrain XS Brands from using the mark in relation to footwear. Relaxo does not claim any rights per se over the letter ‘X’ but only in the stylised
- [AO Smith is similar to STAR SMITH holds Delhi High court](https://rnaip.com/ao-smith-is-similar-to-star-smith-holds-delhi-high-court/) - In the trademark dispute between A.O. Smith Corporation and Star Smith Export Pvt. Ltd over the marks AO Smith and Start Smith, the Delhi High Court held the marks to be similar and use of Star Smith to be trademark infringement. The court also emphasized the significance of the dominant portion of the mark and
- [Mumbai High Court grants ex-parte injunction against US company Cognizant in logo dispute](https://rnaip.com/mumbai-high-court-grants-ex-parte-injunction-against-us-company-cognizant-in-logo-dispute/) - Atyati sought to restrain Cognizant from using any mark identical or deceptively similar to its registered device mark. Atyati argued that Cognizant’s application for registration in Classes 35 and 42 evidenced its intention to free-ride on the goodwill and reputation of the ATYATI mark. The court found that Atyati had made a prima facie case
- [MRF successfully asserts rights in Muscleman logo](https://rnaip.com/mrf-successfully-asserts-rights-in-muscleman-logo/) - This note discusses the final judgement post-trial passed by the Madras High Court in a suit filed by the well-known tyre manufacturer MRF. The Plaintiff, MRF Limited filed the suit against the Defendant, Powermax Rubber Factory and Ors, (Powermax) alleging infringement of trademark, copyright, passing off, damages, etc. MRF relying on its rights in the
- [High Court upholds sanctity of trademark assignment agreement](https://rnaip.com/high-court-upholds-sanctity-of-trademark-assignment-agreement/) - The case involved an agreement between the parties for the purchase of trademarks for a specified amount spread over a certain period of time. The High Court found that the defendants had failed to comply with the conditions for the transfer of the trademarks. The partial payment made by the defendants did not entitle them
- [INTA's Unreal Campaign to Mount Carmel School, Anand Niketan, New Delhi](https://rnaip.com/intas-unreal-campaign-to-mount-carmel-school-anand-niketan-new-delhi/) - Our Associate Partner, Shabnam Khan and Trademark Associate Vanshika Oberoi took INTA's Unreal Campaign to Mount Carmel School, Anand Niketan, New Delhi on May 09, 2024. The presentation aimed at educating young consumers about the menace of counterfeiting and raising awareness about real and unreal products. Over 100 students actively participated in this engaging session
- [Trademark and Copyright Laws Course at IP Press](https://rnaip.com/trademark-and-copyright-laws-course-at-ip-press/) - As part of our IP Awareness Campaign, our Senior Associate Girish Bhatia was recently invited by the IP Press to lead a session on the subject of "Remedies, Renewal, and Rectification of Trade Marks." The virtual session held on May 11, 2024, delved into various aspects of these intricate topics. Girish provided practical examples to
- [Perils of protecting surname such as 'Jindal'](https://rnaip.com/perils-of-protecting-surname-such-as-jindal/) - Use of the mark/name 'Jindal' is the bone of contention between the parties before the Delhi High Court. The Plaintiff, Jindal Industries Private Limited (JIPL), relying on its rights in the registered trademark JINDAL filed the suit against the Defendants, Suncity Sheets Private Limited (Suncity) and Ors, alleging trademark infringement, passing off, etc. The injunction
- [Pharmaceutical marks require lesser degree of confusion](https://rnaip.com/pharmaceutical-marks-require-lesser-degree-of-confusion/) - Madras High Court in a dispute between two entities in the pharmaceutical industry restrains use of a deceptively similar mark. The Plaintiff, Sun Pharmaceuticals Limited (Sun Pharma) filed the suit against the Defendant, Kivi Labs Ltd (Kivi Labs) alleging trademark infringement, passing off, damages, etc,. Sun Pharma relying on its rights in the registered mark
- [Intellectual Property Rights and Sustainable Development: Harnessing Innovation for Global Progress](https://rnaip.com/intellectual-property-rights-and-sustainable-development-harnessing-innovation-for-global-progress/) - RNA, Technology and IP Attorneys proudly announces our team's active participation in delivering knowledge sessions on Intellectual Property across various platforms in India to commemorate World IP Day 2024. The primary goal of these sessions was to enhance public awareness of IP in line with the Sustainable Development Goals. Girish Bhatia, senior associate at our
- [On the occasion of World IP Day - Ms. Shabnam Khan was invited to deliver an educational session on Trademarks and counterfeiting](https://rnaip.com/on-the-occasion-of-world-ip-day-ms-shabnam-khan-was-invited-to-deliver-an-educational-session-on-trademarks-and-counterfeiting/) - On the occasion of World IP Day, our Associate Partner, Ms. Shabnam Khan, was invited to deliver an educational session on Trademarks and counterfeiting on April 27, 2024. The webinar was conducted by IP Press and over 125 enthusiastic students participated in the webinar. Ms. Khan presented topics related to basics of intellectual property, particularly
- [A session on IP crimes in Digital Space](https://rnaip.com/a-session-on-ip-crimes-in-digital-space/) - We’re pleased to share that Abhishek Nangia, Partner at RNA, Technology and IP Attorneys, was invited as a Guest Speaker on April 26, 2024 during Intellectual Property Rights Week 2024, organized by University School of Law & Studies, Guru Gobind Singh Indraprastha University. Abhishek shared his insights on the topic ‘IP crimes in Digital Space’.
- [A session on “IP and the SDGs: Building Our Common Future with Innovation and Creativity"](https://rnaip.com/ip-and-the-sdgs-building-our-common-future-with-innovation-and-creativity/) - We are pleased to announce that Ms. Rachna Bakhru, Partner at RNA, Technology and IP Attorneys, recently conducted an insightful session during the Intellectual Property Summit organized by NIF and NiFientreC in association with MSME DFO, Ahmedabad on the occasion of World IP Day, 2024 -“IP and the SDGs: Building Our Common Future with Innovation
- [High Court upholds sanctity of the Trademark Assignment Agreement](https://rnaip.com/high-court-upholds-sanctity-of-the-trademark-assignment-agreement/) - This is an appeal before the Madhya Pradesh High Court against the order of the Commercial Court, Indore. The gist of the appeal is the interpretation of the agreement entered into between the parties in the year 2015 in relation to transfer of various trademarks upon payment of the agreed consideration. Facts in a nutshell
- [World IP Day 2024 - Mr. Girish Bhatia was invited to conduct a online session on "IP and its importance" at Manipal University, Jaipur, Rajasthan](https://rnaip.com/world-ip-day-2024-mr-girish-bhatia-was-invited-to-conduct-a-online-session-on-ip-and-its-importance-at-manipal-university-jaipur-rajasthan/) - As a part of the knowledge-sharing sessions on the occasion of World IP Day 2024, Girish Bhatia, senior associate at our firm, was invited to conduct an online session on IP and its importance at Manipal University, Jaipur, Rajasthan. He discussed about the different Intellectual Property’s and the aspects each one of them covers. During
- [Our Associate Partner, Ms. Shabnam Khan conducted a webinar for Graphic Era University, Dehradun](https://rnaip.com/our-associate-partner-ms-shabnam-khan-conducted-a-webinar-for-graphic-era-university-dehradun/) - Our Associate Partner, Ms. Shabnam Khan conducted a webinar for the students and faculty members of the Graphic Era University, Dehradun, India. The webinar covered topics such as trademarks, type of trademarks, their importance, and counterfeiting and its global impact on consumers. The webinar was very interactive, and the attendees put forward several interesting and
- [Small is big: IP Protection for Start-Ups & MSMEs](https://rnaip.com/small-is-big-ip-protection-for-start-ups-msmes/) - Start-Ups are often embroiled in various issues ranging from their products development and distribution, hiring employees and employment agreement, funding et al. Amidst these issues, the intellectual property protection (IP) takes a back seat. This can, more often than not, scupper your chances to attain success. As a Start-Up, there is no leeway for error.
- [Delhi High Court cancels OTRINIR registration, holds it similar to OTRIVIN](https://rnaip.com/delhi-high-court-cancels-otrinir-registration-holds-it-similar-to-otrivin/) - The note discusses the cancellation petition filed by GSK Consumer Healthcare SA (GSK) against the Respondent Celebrity Biopharma’s (Celebrity) registration for the mark OTRINIR. GSK sought cancellation based on their prior adoption and use of the mark OTRIVIN. While deciding the case, the Delhi High Court has discussed in detail the Anti-dissection and common-to-trade rule
- [Delay in action results in dismissal of suit](https://rnaip.com/delay-in-action-results-in-dismissal-of-suit/) - This note briefly sums up the judgement passed by the Madras High Court in a suit between two entities dealing in ‘bitumen emulsion.’ The Plaintiff, Hindustan Colas Private Limited (Hindustan) filed the suit against the Defendant, Muthoos Enterprises (Muthoos), alleging copyright infringement, passing off, and consequential reliefs. Hindustan’s case: They adopted the mark ‘Hincol’ along
- [INTA’s AI Conference in New York from March 20-21, 2024](https://rnaip.com/intas-ai-conference-in-new-york-from-march-20-21-2024/) - We’re thrilled to share that our Associate Partner, Daleep Kumar recently attended INTA’s AI Conference in New York from March 20-21, 2024. This event delved into the thought-provoking discussions on the legal and ethical considerations in the rapidly evolving landscape of AI and its intersection with IPRs. He had the opportunity to explore cutting-edge
- [No exclusivity in the word ‘Premier’, says Delhi High Court](https://rnaip.com/no-exclusivity-in-the-word-premier-says-delhi-high-court/) - Premier SPG opposed the registration of PREMIER LEAGUE in Class 25 based on its PREMIER marks and PREMIER-formative marks in the same class The court found that there was no deceptive similarity between the marks and that the only common element was theword ‘Premier’ Premier SPG clearly could not have a monopoly over the word
- [TVS fails to restrain use of identical mark TVS for security cameras](https://rnaip.com/tvs-fails-to-restrain-use-of-identical-mark-tvs-for-security-cameras/) - This is 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. The Plaintiff, TVS Electronics Limited, filed the suit against the Defendant, Jitender Kumar, alleging trademark infringement, passing off, etc., and to restrain the latter from using the mark
- [Britannia prevails over ITC in trade dress tussle](https://rnaip.com/britannia-prevails-over-itc-in-trade-dress-tussle/) - 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
- [Calcutta High Court Rules Graphical User Interface (GUI) qualifies for Design Protection](https://rnaip.com/calcutta-high-court-rules-graphical-user-interface-gui-qualifies-for-design-protection/) - 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
- [Legal 500 recognitions](https://rnaip.com/legal-500-recognitions/) - RNA, Technology and IP Attorneys has been adjudged as Tier 1 firm for Intellectual Property in the National Capital Region. Ranjan Narula, Managing Partner of RNA has been recognized as a ‘Leading Individual’.Rachna Bakhru, Partner has been acknowledged as a ‘Next Generation Partner. Ranjan Narula, Rachna Bakhru, Rahul Sethi, Abhishek Nangia have been recognized
- [Our Partner Abhishek Nangia, has been recognized as a ‘Recommended Lawyer’ by the Legal 500](https://rnaip.com/our-partner-abhishek-nangia-has-been-recognized-as-a-recommended-lawyer-by-the-legal-500/) - We are thrilled to share that our esteemed Partner, Abhishek Nangia, has been recognized as a ‘Recommended Lawyer’ by the Legal 500. His dedication and legal expertise has truly set him apart. Congratulations to Abhishek Nangia for this well-deserved accolade!
- [Hulm Entertainment Pvt. Ltd. and Ors. Vs. Fantasy Sports Myfab11 Pvt. Ltd. and Ors. -Delhi High Court decision](https://rnaip.com/hulm-entertainment-pvt-ltd-and-ors-vs-fantasy-sports-myfab11-pvt-ltd-and-ors-delhi-high-court-decision/) - 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
- [Self-contradictory statements haunt the Plaintiff](https://rnaip.com/self-contradictory-statements-haunt-the-plaintiff/) - 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,
- [Delhi Court holds undue delay in passing the final order by the Patent Office is arbitrary](https://rnaip.com/delhi-court-holds-undue-delay-in-passing-the-final-order-by-the-patent-office-is-arbitrary/) - 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
- [High Court dismisses suit finding delay and acquiescence](https://rnaip.com/high-court-dismisses-suit-finding-delay-and-acquiescence/) - 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.
- [Delhi High Court held that “COPYRIGHT CANNOT BE GRANTED IN IDEAS”](https://rnaip.com/delhi-high-court-held-that-copyright-cannot-be-granted-in-ideas/) - 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
- [Battle of Trade dress between Coconut oil manufacturers](https://rnaip.com/battle-of-trade-dress-between-coconut-oil-manufacturers/) - 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
- [Mr. Daleep Kumar, Associate Partner delivered a virtual talk on IPRs and Changing Business Dynamics](https://rnaip.com/mr-daleep-kumar-associate-partner-delivered-a-virtual-talk-on-iprs-and-changing-business-dynamics/) - We are pleased to share that Mr. Daleep Kumar, Associate Partner at RNA Technology, and IP Attorneys, delivered a virtual talk on “IPRs and Changing Business Dynamics.” Hosted by the UGC Human Resources Development Centre at Mumbai University, the event showcased Mr. Kumar’s expertise to professors from different Colleges/ University departments from all over the
- [Sulthan fails to restrain Sulthana](https://rnaip.com/sulthan-fails-to-restrain-sulthana/) - 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
- [‘Blenders Pride’ fails to restrain ‘London Pride’ and use of blue colour](https://rnaip.com/blenders-pride-fails-to-restrain-london-pride-and-use-of-blue-colour/) - 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
- [China, India drive increase in global patent filings in 2022](https://rnaip.com/china-india-drive-increase-in-global-patent-filings-in-2022/) - Patent filings around the world jumped from 3.40 million in 2021 to 3.46 million in 2022, according to the latest World Intellectual Property Indicators Report. This development highlights three consecutive years of growth as far as global patent applications are concerned. The report further shows China and India had a lot to do with it,
- [Consumer Protection Authority notifies guidelines for prevention of “Dark Patterns”](https://rnaip.com/consumer-protection-authority-notifies-guidelines-for-prevention-of-dark-patterns/) - 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
- [FAQs on Well-Known Trade Marks](https://rnaip.com/faq-on-well-known-trade-marks/) - Are well known marks protected in India? Yes, well known marks are protected in India. There are specific provisions under the Trade Marks Act, 1999 and procedure to record well known trade marks in India is provided under the Trademarks Rules, 2017 enacted under the Act, 1999. Prior to March 2017 there was no procedure
- [Our team shortlisted for TrustLaw Innovation Awards, 2019 for an outstanding pro bono project](https://rnaip.com/our-team-shortlisted-for-trustlaw-innovation-awards-2019-for-an-outstanding-pro-bono-project/) - We are delighted that one of the pro bono projects that we worked for Trust Law (Thomson Reuters foundation) on behalf of Institute Transformative Technologies (ITTF) has been shortlisted for Trust Law Innovation awards. Based on research, ITTF had identified 50 Breakthroughs in which advanced technology can move the needle on the biggest social and
- [Drugs are prescribed based on their perceived efficacy](https://rnaip.com/drugs-are-prescribed-based-on-their-perceived-efficacy/) - 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,
- [Appolo Burn Hospital successfully asserts acquiescence and delay against Apollo Hospitals](https://rnaip.com/appolo-burn-hospital-successfully-asserts-acquiescence-and-delay-against-apollo-hospitals/) - 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
- [Discover the dynamic world of intellectual property law through the lens of APAA (Asian Patent Attorney Association) 2023, held in the bustling city of Singapore from November 4-7](https://rnaip.com/discover-the-dynamic-world-of-intellectual-property-law-through-the-lens-of-apaa-asian-patent-attorney-association-2023-held-in-the-bustling-city-of-singapore-from-november-4-7/) - Abhishek & Suvarna engaged in productive discussions with clients, colleagues and friends from around the globe, creating an environment rich in professional exchange and networking. At the heart of APAA 2023 were the insightful discussions not limited to trademark law and patent law, where our team actively participated and contributed to the global discourse
- [Unauthorized use of music during “Bharat Jodo Yatra” invites both Civil and Criminal proceedings](https://rnaip.com/unauthorized-use-of-music-during-bharat-jodo-yatra-invites-both-civil-and-criminal-proceedings/) - 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
- [Delhi High Court awards ten lacs damages in a TM infringement and passing off suit filed by Puma](https://rnaip.com/delhi-high-court-awards-ten-lacs-damages-in-a-tm-infringement-and-passing-off-suit-filed-by-puma/) - 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
- [Trademark and Counterfeiting Session conducted on 3rd November 2023: Empowering Students with Knowledge](https://rnaip.com/trademark-and-counterfeiting-session-conducted-on-3rd-november-2023-empowering-students-with-knowledge/) - Our Associate Partner, Shabnam Khan conducted a session on trademarks and counterfeiting for the students of St P.B.N Public School, Gurgaon, on 3rd November 2023. The presentation was part of the INTA Ureal Campaign wherein the goal of the presentation was to educate and raise awareness amongst students about counterfeiting and how it
- [Himalaya restrains Wipro from using the EVECARE mark](https://rnaip.com/himalaya-restrains-wipro-from-using-the-evecare-mark/) - 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
- [Mr. Abhishek Nangia’s insightful participation in IP Crimes Discussion at National law University](https://rnaip.com/mr-abhishek-nangias-insightful-participation-in-ip-crimes-discussion-at-national-law-university/) - Abhishek delivered enlightening session on IP crimes in Cyber Space at National Law University, Jodhpur, on 23-24 September 2023. The thought-provoking questions raised by the attendees were not only wide-ranging but also top-notch. The high energy and enthusiasm in the room made it a lively experience. Abhishek is grateful for the opportunity to engage
- [Delhi High Court holds stock trading feature in Fantasy games not original- sets aside injunction granted to Hulm Entertainment](https://rnaip.com/delhi-high-court-holds-stock-trading-feature-in-fantasy-games-not-original-sets-aside-injunction-granted-to-hulm-entertainment/) - 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
- [Supreme Court stays High Court’s order on Chandrika Soap](https://rnaip.com/supreme-court-stays-high-courts-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
- [Mankind not so kind to ‘Novakind’](https://rnaip.com/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
- [Mr. Daleep Kumar's informative session on trademark enforcement and emerging challenges in IP law at NLU, Jodhpur on September 23, 2023](https://rnaip.com/mr-daleep-kumar-informative-session-on-trademark-enforcement-and-emerging-challenges-in-ip-law-at-nlu-jodhpur-on-september-23-2023/) - “Mr. Daleep Kumar had the privilege of delivering a talk on trademark enforcement and emerging challenges in intellectual property law at NLU, Jodhpur, on September 23, 2023. He found the experience truly delightful and extends his sincere appreciation for the opportunity to share knowledge and insights with the distinguished audience. The students demonstrated exceptional
- [Presentation by Ms. Shabnam Khan at NLU, Jodhpur on Trademarks Filing and Prosecution in India](https://rnaip.com/presentation-by-ms-shabnam-khan-at-nlu-jodhpur-on-trademarks-filing-and-prosecution-in-india/) - Ms. Shabnam Khan delivered a presentation to law students and faculty members of National Law University, Jodhpur on September 23, 2023, as part of a 2-day workshop on Intellectual Property organised by the University in collaboration with RNA and Novartis. The presentation covered the process of trademark filing and prosecution in India. The topic
- [The challenge of disseminating educational material digitally](https://rnaip.com/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
- [Webinar on IP Crime in Cyberspace organised by ICAI on 1 and 28 September 2023](https://rnaip.com/webinar-on-ip-crime-in-cyberspace-organised-by-icai-on-1st-and-28th-september-2023/) - We are delighted to share the success of Mr. Abhishek Nangia was invited by The Institute of Chartered Accountants of India to speak on the topical topic ‘IP Crime in Cyberspace’ on September 1 and September 28, 2023. In these two insightful sessions, Mr. Nangia addressed an audience of over 100 Chartered Accountants (CAs) and
- [How and why of Standard Essential Patents (SEPs) licencing in India:](https://rnaip.com/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
- [Sun Pharma and Glenmark locked in trademark tussle](https://rnaip.com/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
- [Google loses ‘safe harbour’ for offering brands as part of its AdWords programme](https://rnaip.com/google-loses-safe-harbour-for-offering-brands-as-part-of-its-adwords-programme/) - The Google Ads programme is currently the centre of controversy between Google and Indian logistics firm DRS. Cross-appeals were filed by DRS and Google against the order of the Delhi High Court that found Google to be an active participant in running the Google Ads programme. Both appeals were heard together, and the court held
- [Incorrect information provided by PepsiCo leads to revocation of its potato variety](https://rnaip.com/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
- [Empowering Punjab Police Academy Officers: A Comprehensive Presentation on “Copyright Law and Enforcement”](https://rnaip.com/empowering-punjab-police-academy-officers-a-comprehensive-presentation-on-copyright-law-and-enforcement/) - Mr. Daleep Kumar had the opportunity to deliver a presentation on "Copyright Law and Enforcement" to police officers of varying ranks at the Punjab Police Academy in Phillaur. The engagement spanned a comprehensive 2-day capacity-building program focused on enhancing their understanding of Intellectual Property Rights (IPR) enforcement.
- [Celebrating Excellence: Ranjan Narula, Rachna Bakhru, and Daleep Kumar Featured in WIPR Leaders Directory 2023](https://rnaip.com/celebrating-excellence-ranjann-narula-rachna-bakhru-and-daleep-kumar-featured-in-wipr-leaders-directory-2023/) - WIPR Leaders Directory 2023 has recognized the exceptional expertise of Ranjan Narula, Rachna Bakhru, and Daleep Kumar. Congratulations to them for making it to this prestigious list! Their well-deserved recognition is a testament to their remarkable achievements in the field.
- [Sensitizing Haryana Police Officials on Copyright Law: A Successful Workshop](https://rnaip.com/sensitizing-haryana-police-officials-on-copyright-law-a-successful-workshop/) - We are delighted to share that Mr. Daleep Kumar, an Associate Partner at RNA Technology and IP Attorneys delivered a comprehensive workshop on August 17, 2023, at the Haryana Police Academy, Karnal. This workshop aimed to raise awareness about the importance of Copyright Law and exploring various enforcement options. The workshop, organized in collaboration
- [Mr. Chandan Kumar’s Informative Session at CIPAM’s Faculty Development Program, Bangalore on August 9, 2023](https://rnaip.com/mr-chandan-kumar-speaks-in-a-session-organised-by-cipam-for-faculty-development-program-bangalore-on-august-9-2023/) - We are pleased to share that Mr. Chandan Kumar, a distinguished expert in Intellectual Property Rights, recently graced an event organized by the CIPAM in collaboration with Acharya Institute of Management and Sciences. This event was part of a Faculty Development Program hosted in Bangalore on 9th August 2023. Mr. Kumar, as a guest speaker,
- [Phone Pe fails to restrain DigiPe](https://rnaip.com/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
- [Use of spouse name not a valid defense in trademark infringement claim](https://rnaip.com/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
- [Court imposes costs on defendant who stayed away from the proceedings](https://rnaip.com/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
- [INDIA: Dawn of New Era for Gaming Industry](https://rnaip.com/india-dawn-of-new-era-for-gaming-industry/) - On April 6, 2023, the Indian government published a public notice of new rules for the online gaming industry entitled “Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023.” The Rules require online gaming intermediaries to take steps so that the users do not share any information that infringes intellectual property rights.
- [Celebrating Excellence: Ranjan Narula, Rachna Bakhru, and Daleep Kumar Featured in WIPR Leaders Directory 2023.](https://rnaip.com/celebrating-excellence-ranjan-narula-rachna-bakhru-and-daleep-kumar-featured-in-wipr-leaders-directory-2023/) - WIPR Leaders Directory 2023 has recognized the exceptional expertise of Ranjan Narula, Rachna Bakhru, and Daleep Kumar. Congratulations to them for making it to this prestigious list! Their well-deserved recognition is a testament to their remarkable achievements in the field.
- [PLASTO vs PLAXO - High Court sets aside an injunction passed against a registered trademark](https://rnaip.com/plasto-vs-plaxo-high-court-sets-aside-an-injunction-passed-against-a-registered-trademark/) - The Bombay High Court has allowed the marks PLASTO and PLAXO to co-exist in respect of similar goods falling in different classes i.e., flexible pipes included in Class-17 and rigid (nonmetal pipes) in Class-19. The order was passed by the Bombay High Court in an appeal filed against the order of the District Judge, Nagpur.
- [Court holds the combination, CHINA BISTRO distinctive and restraints Wow China Bistro](https://rnaip.com/court-holds-the-combination-china-bistro-distinctive-and-restraints-wow-china-bistro/) - Can the disclaimer of individual words while seeking registration preclude the proprietor from claiming exclusivity over a composite mark containing the said words? This is one of the issues in the instant dispute before the Delhi High Court between two entities running restaurants offering Indo Chinese cuisine. The court concluded the only consequence of such
- [Delhi High Court holds Patent Act to apply and prevail over the Competition Act](https://rnaip.com/delhi-high-court-holds-patent-act-to-apply-and-prevail-over-the-competition-act/) - It is a settled principle of law that special laws prevail over general laws. However, when the dispute is between two statutes, and both are special statutes in their respective fields which will prevail over the other is to be determined on a variety of factors, including (i) the subject matter in question, (ii) the
- [Imprisonment provisions removed in the Patents Act to bolster trust-based governance](https://rnaip.com/imprisonment-provisions-removed-in-the-patents-act-to-bolster-trust-based-governance/) - After being cleared by both houses of Parliament, the Jan Vishwas (Amendment of Provisions) Bill, 2023 (JVB) received presidential assent on 11th August 2023 and thus became the law. Several provisions in different Acts have been decriminalised through this bill by removing imprisonment provisions and monetary penalties rationalised. The post discusses the changes made by
- [Combating Counterfeiting in the Nutraceutical Industry](https://rnaip.com/combating-counterfeiting-in-the-nutraceutical-industry/) - According to a recent report released by Authentication Solution Providers’ Association (ASPA) and the Credit Rating Information Services of India Limited (CRISIL) in 2023, about 25-30% of the products sold in India are counterfeit. Further, around 60-70% of dietary supplements in the market are fake as per 2015 study by Assocham-RNCOS. Counterfeiting not only causes
- [Bombay High Court finds no joy in explanation that 'MOJ' stands for 'Moments of Joy.'](https://rnaip.com/bombay-high-court-finds-no-joy-in-explanation-that-moj-stands-for-moments-of-joy/) - The aspect of reputation allegedly earned by the Defendants in the context of their services cannot be of much relevance when it is clear that the Plaintiff is entitled to assert its proprietary rights based on the registered trademark. It is settled law that when an entity decides to use a mark for its goods
- [Delhi High Court asks INTEX to pay Royalty for use of Ericsson’s Standard Essential Patents](https://rnaip.com/delhi-high-court-asks-intex-to-pay-royalty-for-use-of-ericssons-standard-essential-patents/) - Standard Essential Patent 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 The Delhi High Court's
- [Delhi High Court holds, No exclusivity of Times Group over NOW!](https://rnaip.com/delhi-high-court-holds-no-exclusivity-of-times-group-over-now/) - Facts of the Case The Plaintiff company, popularly known as the Times Group, a media conglomerate operating since 1838, claims to be involved in various businesses, namely media, newspapers, broadcasting, entertainment, etc., through its subsidiaries and affiliates. Times Group claims to have used the series of marks containing TIMES and NOW for over a decade.
- [OPPO directed to pay "Pro-tem security deposit" for Nokia's Standard Essential Patents](https://rnaip.com/oppo-directed-to-pay-pro-tem-security-deposit-for-nokias-standard-essential-patents/) - In a case concerning Standard Essential Patents (SEP), the Court has the power to pass a pro-tem order without an exhaustive exploration of the quantum of royalty payments. If the negotiations between the parties fail, it does not mean that an implementer can continue to derive benefits by using the technology of the Standard Essential
- [Privacy and publicity rights denied to a deceased Bollywood actor](https://rnaip.com/privacy-and-publicity-rights-denied-to-a-deceased-bollywood-actor/) - Celebrity rights have emerged as a unique category of intellectual property rights over time. As a result, a celebrity has a special set of personality rights, privacy rights, and publicity rights. This post concerns the protection of privacy and publicity rights of Sushant Singh Rajput ('SSR'), an actor who debuted in Bollywood in 2009 and
- [Delhi High Court holds use of 'MAYO' for medical services is in bad faith](https://rnaip.com/delhi-high-court-holds-use-of-mayo-for-medical-services-is-in-bad-faith/) - The parties in the suit are at odds over the use of the mark MAYO for medical, hospital, and healthcare-related business. The Plaintiff Mayo Foundation for Medical Education and Research (Mayo Clinic) filed a suit before the Delhi High Court against the Defendants Bodhisatva Charitable Trust and Ors. (BCT) for using the mark MAYO to
- [Frequently Asked Questions on Plant Protection, Varieties Registration, and Farmer’s Rights Act 2001](https://rnaip.com/frequently-asked-questions-on-plant-protection-varieties-registration-and-farmers-rights-act-2001/) - What are plant varieties breeders’ rights in India? The rights of plant varieties breeders are protected under the PPVR&FR Act (Plant Protection, Varieties Registration, and Farmer’s Rights Act 2001). The Plant Variety Act in India is a legislation that provides protection for plant varieties and encourages the development of new and improved plant varieties through
- [Jaquar successfully asserts rights in ARTIZE mark over Villeroy Boch](https://rnaip.com/jaquar-successfully-asserts-rights-in-artize-mark-over-villeroy-boch/) - The court restrained Villeroy from using the mark ARTIS, or any other mark identical or deceptively similar to Jaquar’s ARTIZE marks The court concluded that Villeroy used ARTIS in a trademark sense ARTIZE was not descriptive of sanitaryware In Jaquar Company Pvt Ltd v Villeroy Boch AG (CS (COMM) 777/2022), two well-known entities in the
- [Pepsico objects to the use of MIRINDA for country-made liquor.](https://rnaip.com/pepsico-objects-to-the-use-of-mirinda-for-country-made-liquor/) - The use of the mark (Hindi transliteration for the word MIRINDA) in relation to country-made liquor is a cause of concern for Pepsico. Pepsico Inc. and Ors (Pepsico) filed the suit against the Defendant, Jagpin Breweries Limited and Ors (Jagpin), at the Delhi High Court alleging trademark infringement, passing off its mark MIRINDA. The High
- [Amendment in claims and specification should trigger fresh Examination holds Kolkata High Court](https://rnaip.com/amendment-in-claims-and-specification-should-trigger-fresh-examination-holds-kolkata-high-court/) - The Kolkata High court while hearing an appeal against the refusal of patent application laid down important guidelines for the Patent office directing that “upon amendment of the claims, the amendment application ought to be examined in a manner similar to the original application. When a complete specification is amended, such amended specification should be
- [Making up to the coveted list of well-known trademarks](https://rnaip.com/making-up-to-the-coveted-list-of-well-known-trademarks/) - The debatable issue before the Court was whether, once the Court determines a trademark to be a well-known trademark, is the applicant required to pay the requisite fee along with filing of request on (Form TM-M) to be added to the List of Well-Known Trademarks maintained by the Registrar of Trademarks or should this process
- [The new age of Trademark Protection in Myanmar](https://rnaip.com/the-new-age-of-trademark-protection-in-myanmar/) - OLD TRADEMARK LAW IN MYANMAR Myanmar had an existing legal framework for trademarks under the Myanmar Trademark Law of 2019. This law introduced significant changes to the previous legal regime and aimed to align Myanmar's trademark system with international standards. Before enacting the 2019 law, Myanmar had an outdated trademark law, the Myanmar Registration Act
- [Agriculture Produce and Processed Foods held to be allied and cognate](https://rnaip.com/agriculture-produce-and-processed-foods-held-to-be-allied-and-cognate/) - The mark of the plaintiff and the defendant prima facie appear to be similar both visually as also phonetically, with ‘MONSOON HARVEST’ being the dominant part thereof. Mere addition of the word ‘WINGREENS’ or the logo in the defendant’s mark is not sufficient to distinguish the same on application of the test of an unwary
- [Delhi High Court highlights Business Methods exclusions need to be reconsidered](https://rnaip.com/delhi-high-court-highlights-business-methods-exclusions-need-to-be-reconsidered/) - The Delhi High Court, in a recent order, while dealing with an appeal by OPENTV INC for refusal of its patent (by the Indian Patent Office), highlighted the need to re-visit the blanket exclusions set out in section 3(k) in relation to “business methods.” The Court observed that “a large number of inventions in emerging
- [Delhi High Court Sets Out Contours of Shape Mark Protection](https://rnaip.com/delhi-high-court-sets-out-contours-of-shape-mark-protection/) - Under the law of trademarks, the threshold for extending exclusive rights to the shape of a product is quite high. The shape by itself should immediately be identifiable with the source of the product. For trademark registration of the shape of a product, the same can only be granted if it has acquired a secondary
- [Bombay High Court Frowns upon 'Phonepe' Contradictory Claims](https://rnaip.com/bombay-high-court-frowns-upon-phonepe-contradictory-claims/) - 'Phonepe' and 'Postpe' are the marks involved in the latest round of litigation between PhonePe Private Limited (PPL) and Resilient Innovations Private Limited (Resilient) at the Bombay High Court. The parties have had several rounds of litigation in the past before various Courts. In this round, PPL has sought an injunction against Resilient from using
- [Expert session on “Patentability of Invention”](https://rnaip.com/expert-session-on-patentability-of-invention/) - Ms. Suvarna Pandey was invited as a Keynote speaker in the 6th International Young Scientist Congress (IYSC-2023) that took place on May 8th, 2023, at Graphic Era Deemed to be University, Dehradun, Uttarakhand, India. The aim of the congress was to provide a platform for young scientists from all over the world to share
- [Webinar on “Women and IP- Accelerating Innovation and Creativity” on the occasion of World IP Day 2023](https://rnaip.com/webinar-on-women-and-ip-accelerating-innovation-and-creativity-on-the-occasion-of-world-ip-day-2023/) - “We are delighted to announce that Ms. Rachna Bakhru, Partner at RNA Technology and IP Attorneys, was cordially invited to deliver a lecture on the topic “Trademark Infringement and Dispute Resolution” at an event organised by the Institute Technology Management Unit (ITMU) and Agribusiness Incubator (ABI). The theme of the event was “Women and IP:
- [Festival of Innovation & Research in Science & Technology (F.I.R.S.T) on World IP Day](https://rnaip.com/festival-of-innovation-research-in-science-technology-f-i-r-s-t-on-world-ip-day/) - Ms. Suvarna Pandey was invited by National Research Development Corporation (NRDC), as a Panel speaker for Session on ‘Challenges of Commercializing Technologies & Issues related to Enforcement of IP’ on World IP Day 2023 at the event Festival of Innovation & Research in Science & Technology (F.I.R.S.T)”. The event highlighted the importance of IP and
- [Debate over ‘Trans-border reputation' and ‘Territoriality Principle’](https://rnaip.com/debate-over-trans-border-reputation-and-territoriality-principle/) - In this case, the question before the Court was whether the goodwill and reputation, though garnered abroad, is so considerable that it has spilled over to India to confuse or deceive a customer of average intelligence and imperfect recollection. Bolt Technology Ou ('Bolt') filed the suit against Ujoy Technology Private Limited and Ors (Ujoy), alleging
- [Attended the IPR seminar workshop on 26 April, 2023 at DTU as a guest speaker](https://rnaip.com/attended-the-ipr-seminar-workshop-on-26-april-2023-at-dtu-as-a-guest-speaker/) - On April 26, 2023, a one-day seminar was held to commemorate World Intellectual Property Day, organised by Delhi Technological University, Intellectual Property Rights Cell and Industrial Research & Development Cell. The seminar featured Mr. Chandan Kumar, Senior Patent Associate of RNA, Technology and IP Attorneys, who was graciously invited to speak on the topic
- [Mr. Chandan Kumar was invited to attend SFLC.in Convergence event on April 18, 2023](https://rnaip.com/mr-chandan-kumar-was-invited-to-attend-sflc-in-convergence-event-on-april-18-2023/) - The event was organized by SFLC.IN which is a donor supported legal services which promotes innovation and open access to knowledge by helping developers make great Free and Open-Source Software, protect privacy and civil liberties for citizens in the digital world. The agenda of the event was to discuss the topic-1 “Software Patents in
- [Workshop on “Patents and Patent Drafting” under National Intellectual Property Awareness Mission (NIPAM)](https://rnaip.com/workshop-on-patents-and-patent-drafting-under-national-intellectual-property-awareness-mission-nipam/) - Ms. Suvarna Pandey, was invited as a Resource person for speaking on “Introduction to Patents and Patent Drafting” organized by IQAC, Lajpat Rai College, Sahibabad, Ghaziabad, in collaboration with National Intellectual Property Awareness Mission (NIPAM), Intellectual Property Office CGPDTM, Ministry of Commerce and Industry, on 21st April 2023. The session was well received by the
- [Workshop on Intellectual Property Rights and Patents for VIVA Institute of Management & Research](https://rnaip.com/workshop-on-intellectual-property-rights-and-patents-for-viva-institute-of-management-research/) - Ms. Suvarna Pandey, was invited as a Speaker for One Day workshop on Intellectual Property Rights and Patents (Virtual mode) organized by VIVA Institute of Management & Research in collaboration with IQAC on 14th April 2023. The session was well received by the audience.
- [No exclusive rights in ‘SCHEZWAN’ or the combination ‘SZECHUAN CHUTNEY’ holds Delhi High Court](https://rnaip.com/no-exclusive-rights-in-schezwan-or-the-combination-szechuan-chutney-holds-delhi-high-court/) - Does the combination of the words 'SCHEZWAN' and 'CHUTNEY' makes it arbitrary and justifies the claim for exclusive use? This is the crux of the issue in the instant dispute before the Delhi High Court. The Plaintiff Capital Food Pvt. Ltd (Capital Food) has filed the suit against the Defendant, Radiant Indus Chem Pvt. Ltd,
- [Co-working space operators at loggerheads over WORKNEST brand](https://rnaip.com/co-working-space-operators-at-loggerheads-over-worknest-brand/) - Whether the rights of a registered proprietor in a mark planned for future utilization can be nullified by someone who deploys a similar mark after the filing date of the first mark and before the date of actual use by the registered proprietor. The issue has been debated earlier and has come up in this
- [Copyright office takes Green Initiatives](https://rnaip.com/copyright-office-takes-green-initiatives/) - The annual report released by the Controller General of Patents, Designs, and Trade Marks (CGPDTM) for 2021-2022 shows interesting developments and insights into the working of the Copyright Office. Filing of copyright applications increased by 26.74%, while copyright registration increased by 26.06% compared to 2020-2021. Online application filing reached 94% of the total applications. Green
- [Design Filing grows by over 50% (IP office Annual Report 2021-2022)](https://rnaip.com/design-filing-grows-by-over-50-ip-office-annual-report-2021-2022/) - A total of 22,699 design applications were submitted, an increase of 59.38% from the previous year The number of applications that originated from India during 2021-22 was 18,851, and the foreign applications were 3848. Thus, number of applications originating from India was about 83% of total filing. The top 7 Indian applicants were 1) Chitkara
- [India -IP office Annual report for 2021-2022 shows vibrancy in IP Environment](https://rnaip.com/india-ip-office-annual-report-for-2021-2022-shows-vibrancy-in-ip-environment/) - The Intellectual Property Office has recently issued its annual report for the year 2021-2022. Our post covers some key aspects. The report mentions that fee concessions and provisions for the expedited examination have been given to specific categories of applicants, including Startups, MSMEs, and female applicants, to encourage IP filing in the sectors of critical
- [Delhi High Court restrains Parle’s use of FABI!O brand and similar trade dress to OREO](https://rnaip.com/delhi-high-court-restrains-parles-use-of-fabio-brand-and-similar-trade-dress-to-oreo/) - Dispute arose between Intercontinental brands and Parle over the mark FAB!O, when Parle in or around January, 2020, introduced its range of vanilla cream filled chocolate sandwich biscuits under the brand FAB!O. Prior to 2020, Parle was using the brands FAB and FAB! for biscuits. Facts and Background Intercontinental Great Brands (Intercontinental) the owner of
- [Counterfeiter of Louis VUITTON goods faces court wrath for violating injunction order](https://rnaip.com/counterfeiter-of-louis-vuitton-goods-faces-court-wrath-for-violating-injunction-order/) - When a brand owner seeks an injunction against a counterfeiter, he expects them to comply with the court order. If the counterfeiter continues to sell the counterfeit goods in contravention of the court order, the brand owner wants the Court to come down heavily on such wrongdoers and impose heavy fines. The post discusses a
- [FOOTLOCKERS adoption to capitalize on FOOTLOCKER holds Delhi High Court](https://rnaip.com/footlockers-adoption-to-capitalize-on-footlocker-holds-delhi-high-court/) - Two entities dealing in footwear lock horns over the mark 'FOOTLOCKER' before the Delhi High Court. The Plaintiff, Foot Locker Retail, Inc., filed the suit alleging trademark infringement, delivery or rendition of accounts, etc., and to restrain the Defendant from using the mark in relation to their business. The post discusses arguments advanced by the
- [The Indian Toy Story](https://rnaip.com/the-indian-toy-story/) - “When I bring to you coloured toys, my child, I understand why there is such a play of colours on clouds, on water, and why flowers are painted in tints.” - Rabindranath Tagore Introduction Currently, there are over 450 products that fall under the scope of mandatory Bureau of Indian Standard (BIS) certification, like CE
- [Workshop on Industrial Design and its registration process by CIPAM](https://rnaip.com/workshop-on-industrial-design-and-its-registration-process-by-cipam/) - Mr. Chandan Kumar, Senior Patent Associate, RNA Technology and IP Attorneys, was invited to attend the workshop as a speaker organized by CIPAM in collaboration with NIT Raipur Online IPR Awareness Workshop. The topic covered by him was “Industrial Design and its registration process”.
- [Session on Patent filing requirements in India at IIT Kanpur](https://rnaip.com/session-on-patent-filing-requirements-in-india-at-iit-kanpur/) - Ms. Suvarna Pandey, was invited for a session to speak on “Patent filing requirements in India” at IIT Kanpur in an awareness Programme of IP Yatra, an initiative by the Government of India. This Awareness Programme on IP Yatra was organised by MSME DFO, Kanpur in association with IIT, Kanpur on March 21st 2023. The
- [Counterfeits and Pandemic](https://rnaip.com/counterfeits-and-pandemic/) - India and the world witnessed two years of lockdown during which the most developed economies of the world fell apart. With the times so tough and economies facing the worst of their phase, the sector that gave a negative boom to the economies was counterfeits. Evolution of Counterfeits in Pandemic Counterfeiting is not a new
- [Ms. Suvarna Pandey (Associate Partner) listed in 100 Success Stories of Women Scientists Scheme (WOC-C)](https://rnaip.com/ms-suvarna-pandey-associate-partner-listed-in-100-success-stories-of-women-scientists-scheme-woc-c/) - Ms. Suvarna Pandey, Associate Partner, RNA – Proudly listed by Department of Science and Technology in the 100 success stories compilation of women scientist trained in Intellectual Property Rights.
- [Session on the Introduction to Patents including registration process](https://rnaip.com/session-on-the-introduction-to-patents-including-registration-process/) - Ms. Suvarna Pandey, Associate Partner, was invited for an expert session to speak on “Introduction to Patents including registration process” at MNLU Nagpur. This workshop was organised by CIPAM in collaboration with MNLU Nagpur on 13th February, 2023. The session was well received by the audience.
- [Session on ‘Geographical Indications’ on January 13, 2023](https://rnaip.com/session-on-geographical-indications-on-january-13-2023/) - Mr. Ajay Kumar, Managing Associate, RNA - Our Managing Associate, Mr. Ajay Kumar conducted a session on ‘Geographical Indications’ on January 13, 2023 as part of awareness programme on IPR. It was organized by Cell for IPR Promotion and Management (CIPAM) in collaboration with MSME, DFO-Shillong. Ajay discussed about the Geographical Indications, its importance
- [Session on Introduction to Trademarks and its registration’ on September 15, 2022](https://rnaip.com/session-on-introduction-to-trademarks-and-its-registration-on-september-15-2022/) - Our Managing Associate, Mr. Ajay Kumar conducted a session on ‘Introduction to Trademarks and its registration’ on September 15, 2022. It was a part of 4-day event organized by Cell for IPR Promotion and Management (CIPAM) in collaboration with JSS Academy of Technical Education, Bangalore. Ajay discussed about the various kinds of marks and the
- [Session on IPR conducted by CIPAM at Dayananda Sagar College of Engineering, Bangalore on 16th and 17th February, 2023](https://rnaip.com/session-on-ipr-conducted-by-cipam-at-dayananda-sagar-college-of-engineering-bangalore-on-16th-and-17th-february-2023-2/) - Our Associate Partner Ms. Suvarna Pandey attended the seminar organised by Dayanand Sagar Engineering College, Bangalore, and shared insights on the Industrial Design Protection.
- [Session on IPR conducted by CIPAM at Dayananda Sagar College of Engineering, Bangalore on 16th and 17th February, 2023](https://rnaip.com/session-on-ipr-conducted-by-cipam-at-dayananda-sagar-college-of-engineering-bangalore-on-16th-and-17th-february-2023/) - Our Partner Ms. Rachna Bakhru attended the seminar organised at Dayanand Sagar Engineering College, Bangalore and shared insights on IP protection available to the Plant Varieties and Farmer’s Rights. This is to instil importance and protection of various farmers and plant variety breeders.
- [Mr. Ranjan Narula, Managing Partner - ranked in the Legal 500.](https://rnaip.com/mr-ranjan-narula-managing-partner-rna-delighted-to-be-ranked-in-the-legal-500/) - Mr. Ranjan Narula, Managing Partner, RNA - Delighted to be ranked in the Legal 500 and received heartening feedbacks from the Clients.
- [Advertising watchdog steps in to protect the advertising ecosystem in India](https://rnaip.com/advertising-watchdog-steps-in-to-protect-the-advertising-ecosystem-in-india/) - In the changing business landscape, many businesses use the digital medium to promote their services, and many new companies have emerged that are digital-only. The last two years of COVID-related disruption has caused many businesses to work on their digital strategy to connect with consumers and grow their market share. The Advertising Standards Council of
- [Ms. Rachna Bakhru speaks in a webinar organised by the Asian International Arbitration Centre on September 6, 2022](https://rnaip.com/ms-rachna-bakhru-speaks-in-awebinar-organised-by-the-asian-international-arbitration-centre-on-september-6-2022/) - Ms. Rachna Bakhru – Attended a panel discussion organised by the Asian International Arbitration Centre. The Webinar was based on the recent development of technology in sports and the potential regulatory issues in relation to the virtual spaces and the sale of non-fungible tokens. The Webinar was also based on the rising concerns as
- [Mr. Abhishek Nangia shared insights on topical issues in a conversation with SuperLawyer](https://rnaip.com/mr-abhishek-nangia-shared-insights-on-topical-issues-in-a-conversation-with-superlawyer/) - Mr. Abhishek Nangia - Shared insights on topical issues in a conversation with SuperLawyer team ranging from Moonlighting and its legal implications, Digital Personal Data Protection Bill 2022, Fake consumer reviews, challenges posed by AI and Legal Tech, work life balance and much more!.
- [Recognition in the Patent Lawyer Magazine Annual 2023](https://rnaip.com/ms-rachna-bakhru-ms-suvarna-pandey-featured-and-recognised-in-the-patent-lawyer-magazine-annual-2023/) - Ms. Rachna Bakhru & Ms. Suvarna Pandey - Featured and Recognised in the Patent Lawyer Magazine Annual 2023 issue: Defining “equivalent” in patent infringement under the Doctrine of Equivalence. Read more...
- [SUBWAY and SUBERB are not similar holds Delhi High Court](https://rnaip.com/subway-and-suberb-are-not-similar-holds-delhi-high-court/) - SUBWAY, a popular sandwich chain, has sought an injunction against another eatery using the mark SUBERB. The Court, in its ruling, observed ‘SUBERB’ is not phonetically similar to ‘SUBWAY, ‘though both are words of two syllables. The first syllable, ‘SUB’ is common when used in the context of sandwiches, It is also well known that
- [The Continued debate over patent waiver for Covid-19 vaccines, diagnostics and therapeutics](https://rnaip.com/the-continued-debate-over-patent-waiver-for-covid-19-vaccines-diagnostics-and-therapeutics/) - Mr. Ranjan Narula, Managing Partner, RNA – Published an intricate and gripping article on “The Continued debate over patent waiver for Covid-19 vaccines, diagnostics and therapeutics” in The Patent Lawyer Magazine.
- [Chatbots: A way to immortalize the dead?](https://rnaip.com/chatbots-a-way-to-immortalize-the-dead/) - Mr. Ranjan Narula, Managing Partner, RNA - Shared insights on “Chatbots: A way to immortalize the dead?” further discussing on the matter when Microsoft secured a patent for conversational chatbots to mine data from a person’s social media history, observers wondered how it might affect the person’s intellectual property rights.
- [L'Oreal denied exclusivity over the mark 'Hair Spa'](https://rnaip.com/loreal-denied-exclusivity-over-the-mark-hair-spa/) - Whether the term' HAIR SPA' is generic, commonly understood, and used by consumers as a treatment for hair. Does the term denote the kind, quality, nature, and intended purpose of the goods? This Appeal against the order of the Commercial judge, District Court filed by Defendant/Appellants, Pornsricharoenpun Co. Ltd and Ors (Pornsri) at the Delhi
- [Getting IP ready for India-Australia Economic Cooperation and Trade Agreement (ECTA)](https://rnaip.com/getting-ip-ready-for-india-australia-economic-cooperation-and-trade-agreement-ecta/) - The Free Trade Agreement between India and Australia, signed in April 2022, finally came into effect on December 29, 2022. As a result of the Economic Cooperation and Trade Agreement (ECTA), the market share of Indian Products is expected to increase from USD 10.5 Billion to USD 20 Billion in the next five years. The
- [Whisky Wars Over Bottle Design](https://rnaip.com/whisky-wars-over-bottle-design/) - The Delhi High Court in its judgement dated 2nd August, 2022 examines the criteria of a “new and original design” and what constitutes trade dress infringement. The court in a suit for infringement of the registered design and passing off brought by Diageo Brands B.V. & Anr. (hereinafter ‘Diageo’) against Great Galleon Ventures Limited (hereinafter ‘Great Galleon)
- [No glee for ‘ASTRALGLEE’- Delhi High Court holds it similar to ASTRAL](https://rnaip.com/no-glee-for-astralglee-delhi-high-court-holds-it-similar-to-astral/) - The similarity of marks ‘ASTRAL' and 'ASTRALGLEE' are the subject of dispute between Astral Poly Technik Limited and Astralglee. Astral objected to the use of the mark ‘ASTRALGLEE’ in respect of essential oils and has sought an injunction based on their use and registration of the mark ‘ASTRAL’ in several classes, including class 3. Astral
- [Sun Pharma fails to stop Intas Pharmaceuticals from using the mark SITARA-D/SITARE for Sitagliptin](https://rnaip.com/sun-pharma-fails-to-stop-intas-pharmaceuticals-from-using-the-mark-sitara-d-sitare-for-sitagliptin/) - Pharma branding is difficult terrain. The inspiration for a brand name in the pharmaceutical field is often drawn from the pharmaceutical ingredient or ailment the product intends to cure. Thus, it is challenging to stop third parties from adopting the portion of the brand derived from drug composition or an International Non-Proprietary name (INN). The
- [Delhi High Court allows Vistara Airlines to use ‘Fly Higher’](https://rnaip.com/delhi-high-court-allows-vistara-airlines-to-use-fly-higher/) - The words' Fly Higher' by Vistara Airlines, a JV company formed by Singapore Airlines and Tata Sons Private Limited trading as Tata Sia Airlines Ltd (Tata), is objected to by Frankfinn Aviation Services Private Limited (Frankfinn). Frankfinn alleges trademark infringement, passing off, unfair competition, etc,. and seeks to restrain Tata from using the words ‘Fly
- [Cost of INR 1 million (approx. US $ 12,300) imposed on Sun Pharmaceuticals for the concealment of material facts](https://rnaip.com/cost-of-inr-1-million-approx-us-12300-imposed-on-sun-pharmaceuticals-for-the-concealment-of-material-facts/) - The Delhi High Court imposed exemplary costs in a suit for trademark infringement filed by Sun Pharmaceutical Industries Ltd https://sunpharma.com/ (the largest pharmaceutical company in India) against DWD Pharmaceuticals Ltd http://www.dwdindia.com/ (DWD). Sun alleged that DWD had copied their brand 'FORZEST' by adopting the mark' FOLZEST.' An ex parte ad-interim injunction was passed in favour of Sun
- [Phonetic and Ocular Similarity is a conclusive test for infringement](https://rnaip.com/phonetic-and-ocular-similarity-is-a-conclusive-test-for-infringement/) - HYVISC and ZYVISC mark used for ophthalmic preparations is the subject of the instant dispute between two entities in the pharmaceutical industry before the Chennai High Court. Unimed Technologies Limited and Ors (Unimed) filed the suit against Cadila Healthcare Limited and Ors (Cadila) alleging trademark infringement, passing off, rendition of accounts, etc., claiming rights over
- [Collaborating with Influencers for Brand Promotion](https://rnaip.com/collaborating-with-influencers-for-brand-promotion/) - Businesses have worked with celebrities since the early days of advertising. Many advertising campaigns and brands have been inescapably linked with celebrities such as Michael Jackson for Pepsi or Michael Jordan for Nike. In today’s digital world, we have seen the rise of a new type of brand ambassador known as ‘Influencer’. These are everyday
- [Delhi High Court holds ‘Century’ is not descriptive of Kitchenware  ](https://rnaip.com/delhi-high-court-holds-century-is-not-descriptive-of-kitchenware/) - The Division Bench (Two Judge Bench) of the Delhi High Court recently held that Common dictionary words may also acquire secondary meaning and serve as a source identifier. The Division Bench made the ruling in an Appeal filed against the order of the Single Judge where parties were at loggerheads over the use of the word
- [No Confusion with Hakuna Matata but Court Restrains Use of ‘Tata Coin’ and ‘$TATA’](https://rnaip.com/no-confusion-with-hakuna-matata-but-court-restrains-use-of-tata-coin-and-tata/) - The issue in the instant appeal before the Delhi High Court pertains to the Court's territorial jurisdiction over a website not based in India but accessible to consumers in India. Tata Sons Private Limited (TSPL) brought the action against Hakunamatata Tata Founders & Ors alleging trademark infringement, passing off, dilution, etc., for using the mark
- [Delhi High Court Refuses Injunction over use of the mark VASUNDHRA and holds it is a common name.](https://rnaip.com/delhi-high-court-refuses-injunction-over-use-of-the-mark-vasundhra-and-holds-it-is-a-common-name/) - A jeweller and a readymade garment manufacturer are at loggerheads over the name VASUNDHRA. The Plaintiff, Vasundhara Jewelers Pvt Ltd (hereinafter VJPL) has brought trademark infringement and passing off action against Kirat Vinodbhai Jadhvani and others (hereinafter Defendants) for using the mark Vasundhra for readymade garments. The representation of both parties’ marks is depicted below
- [Supreme Court sets aside High Court's order and holds Renaissance and Sai Renaissance to be similar](https://rnaip.com/supreme-court-sets-aside-high-courts-order-and-holds-renaissance-and-sai-renaissance-to-be-similar/) - The Supreme Court, in this Appeal, reinforced the significance of interpreting the statutes. The Court observed that the textual interpretation should match the contextual one. Facts in brief Renaissance Hotel Holdings Inc, (appellant), a company incorporated under the laws of the State of Delaware, United States of America, filed the suit against B. Vijaya Sai
- [Delhi High Court recognizes the fame of ‘THE BRITISH SCHOOL’](https://rnaip.com/delhi-high-court-recognizes-the-fame-of-the-british-school/) - The Court ruled that “Education is an area where chances of confusion should be completely avoided as it can result in having a damaging effect on the careers of children”. The court recognized that ‘THE BRITISH SCHOOL’ name is exclusive proprietary to the British School Society. ‘THE BRITISH SCHOOL’ is not a generic and common
- [Panasonic restrained from copying registered design of Havells’ Ceiling Fan](https://rnaip.com/panasonic-restrained-from-copying-registered-design-of-havells-ceiling-fan/) - Havells India Limited (Havells) has approached the Delhi High Court alleging registered design infringement and passing off of their ceiling fan design and trade dress by Panasonic Life Solution India Pvt Ltd (Panasonic). Havells seeks to restrain Panasonic from using the designs and trade dress/get up for their Venice Prime ceiling fans which allegedly are
- [‘Safe harbour’ to Flipkart both for Civil and Criminal liability](https://rnaip.com/safe-harbour-to-flipkart-both-for-civil-and-criminal-liability/) - Flipkart Internet Private Limited (Flipkart), the well-known e-commerce entity has filed this writ petition before the Delhi High Court to quash the First Information Report (FIR) registered against it under Sections 63 of the Copyright Act, 1957 and Sections 103/104 of the Trademarks Act, 1999, and all proceedings thereto. The criminal proceedings were initiated on
- [Delhi High Court frowns upon use of ‘Hillxxx’ for Energy Drinks](https://rnaip.com/delhi-high-court-frowns-upon-use-of-hillxxx-for-energy-drinks/) - The crux of the dispute between the parties is the brand name and packaging of the energy drink manufactured and marketed by Hell Energy Magyarorszag Kft (hereinafter Hell Energy) under the brand name HELL with distinctive packaging, depicted below. The Defendant, Shri Brahm Shakti Prince Beverages Pvt. (hereinafter Prince Beverages) has allegedly copied the brand name
- [IP Session for Haryana Police Academy, Karnal](https://rnaip.com/ip-session-for-haryana-police-academy-karnal/) - Our Partner, Abhishek Nangia, addressed police officials on August 29, 2022 at Haryana Police Academy, Karnal on Introduction, scope of Trademarks Act and role of police. The session was very well received and the police officials raised numerous interesting questions. .
- [Copyright Session for Police Academy in Phillaur](https://rnaip.com/copyright-session-for-police-academy-in-phillaur/) - Our Partner, Abhishek Nangia, addressed police officials comprising of Deputy Superintendent, Inspector and Sub-Inspector on August 25, 2022 at Punjab Police Academy, Phillaur on Overview of Copyright Act, Copyright infringement, fair use provisions, penalties under Copyright Act and role of police. The interactive session witnessed active participation from police officials, intense discussion on issues faced
- [Frequently asked questions on Patent Invalidity Proceedings in India](https://rnaip.com/frequently-asked-questions-on-patent-invalidity-proceedings-in-india/) - What is the forum in India to file patent invalidity proceedings? The patent invalidity proceedings can be filed at the Patent Office in Mumbai, Delhi, Kolkata, and Chennai based on the office that granted the patent. However, if the defendant seeks to challenge the patent's validity during an infringement action, the action must be transferred
- [.in domain names](https://rnaip.com/india-faqs-on-domain-names/) - What are the criteria for applying to register a domain name in the ‘.in’ domain? No criteria are provided for registering a domain name in the following zones. In articular, it is not necessary for applicants to have a business presence in India, either directly or through a subsidiary: .in in in in in in
- [India - FAQs on trade mark oppositions](https://rnaip.com/india-faq-on-trade-mark-oppositions/) - Who can file the Notice of Opposition? Under Indian law, ‘any person’ can file the notice of opposition. This includes individuals, companies, partnership firms and trusts. Two or more persons can be joined as opponents in the same notice of opposition provided the issues are the same. What is the time period for filing the
- [FAQs on Advertising Practice in India](https://rnaip.com/faqs-on-advertising-practice-in-india/) - What type of complaints are covered under ASCI Code? ASCI adjudicate complaints across all media such as Print, TV, Radio, hoardings, SMS, Email, Internet/ website, product packaging, brochures, promotional material and point of sale material, etc. Who are the members of ASCI? The principal members of ASCI, who are also its sponsors, are firms of
- [Unreal Session on Counterfeiting reaches Kunskapsskolan School](https://rnaip.com/unreal-session-on-counterfeiting-reaches-kunskapsskolan-school/) - Shabnam Khan, Associate Partner and Padmini Paonam, Associate of our firm conducted a lively session on Brands and Counterfeiting on August 22, 2022. The session was conducted for over 185 enthusiastic students of Kunskapsskolan School, in Gurgaon. The session was very well received, and the students posed several interesting questions to the presenters. A number
- [The Stringent Deadlines of the Patent System](https://rnaip.com/the-stringent-deadlines-of-the-patent-system/) - The Indian patent system works on several deadlines throughout the patent prosecution cycle. While some of the deadlines are extendible, there is no flexibility in others, and as a result, missing them can result in the abandonment of the patent application. Thus, compliance with the statutory deadlines is critical to safeguard exclusive rights over the
- [Delhi High Court Confirms Internet Downloaded Evidence is Admissible](https://rnaip.com/delhi-high-court-confirms-internet-downloaded-evidence-is-admissible/) - In its recent judgment 'Excitel Pvt. Ltd. vs. The Registrar of Trade Marks', the Delhi High Court has addressed the admissibility of internet extracts as evidence in trademark proceedings before the Trademarks Office. The Court observed that rejecting internet or website extracts as evidence of use of a mark in trademark proceedings on the ground
- [Rights over SHRIPHAL and allegations of forgery with counter arguments of acquiescence](https://rnaip.com/rights-over-shriphal-and-allegations-of-forgery-with-counter-arguments-of-acquiescence/) - The post covers an Appeal from the order of the District Judge-2, Nagpur, to the Bombay High Court over rights in the mark 'SHRIPHAL'. The Plaintiff, Mysore Deep Perfumery Household (Mysore Perfumery) filed the action against Sunilkumar Amrutlal Jain (Sunilkumar), alleging passing off and to restrain the latter from using the mark SHRIPHAL in relation
- [Delhi High Court allows the sale of allegedly infringing goods to balance equities and maintain public interest](https://rnaip.com/delhi-high-court-allows-the-sale-of-allegedly-infringing-goods-to-balance-equities-and-maintain-public-interest/) - Alkem Laboratories Ltd (Alkem) has approached the Delhi High Court seeking permission to sell the existing stock of the product 'ALDIGESIC PAIN RELIEF' pending the final case decision. Laborate Pharmaceuticals India Ltd (Laborate) alleged that Alkem's product packaging of ‘ALDIGESIC’ product was similar to the product sold by them under the mark ‘LABDIC RELIEF'. The
- [Honest and Concurrent Use - A Defence against Trademark Infringement Claim](https://rnaip.com/honest-and-concurrent-use-a-defence-against-trademark-infringement-claim/) - This post covers a recent judgement of the Delhi High Court titled ‘KEI Industries Limited vs. Raman Kwatra & Anr.’ that focuses upon the issue- whether honest and concurrent use can be asserted as a defence against trademark infringement. The Plaintiff (KEI Industries) filed the suit against the Defendants alleging trademark infringement against use of
- [Webinar on “Intellectual Property Rights” for the faculty and students, organised by The Technology Marketing and IPR Cell, Punjab Agricultural University (PAU)](https://rnaip.com/webinar-on-intellectual-property-rights-for-the-faculty-and-students-organised-by-the-technology-marketing-and-ipr-cell-punjab-agricultural-university-pau/) - Ms Suvarna Pandey, Associate Partner, delivered a talk on “Patentability of Research and Valuation.” She spoke on how we can protect our research and evaluate its market value under the patent head. Mr Ajay Kumar, Managing Associate, informed about trademarks filling and prosecution in India. He shared his trademark handling knowledge with the participants. The
- [Webinar on “Intellectual Property Rights” for Delhi Technological University](https://rnaip.com/webinar-on-intellectual-property-rights-for-delhi-technological-university/) - Ms Suvarna Pandey and Mr. Chandan Kumar were invited as speakers by Delhi Technological University for the workshop on 'Intellectual Property Rights and IP Management for start ups', scheduled on Thursday 28th April 2022. They addressed the faculties and students of the Software engineering department on the topic “Patentability of Inventions” and focused on the
- [Tips for brand owners to navigate India’s IP landscape](https://rnaip.com/tips-for-brand-owners-to-navigate-indias-ip-landscape/) - To attract investment from companies and IP holders to manufacture and distribute their products in India and to assure brand owners that their rights are safeguarded, the Indian government has taken several steps to streamline enforcement procedures. The setting up of commercial courts to deal with IP disputes and, recently, establishing the IP Division at
- [Google Ads program under scrutiny by the Delhi High Court](https://rnaip.com/google-ads-program-under-scrutiny-by-the-delhi-high-court/) - Google AdWords Program (now known as Google Ads) is a cause for consternation among brand owners. The keywords offered by Google as part of the Google Ads program, on which advertisers can bid, includes trademarks. As a result, the trademark owners and their competitors can bid for the keywords linked to the Google search algorithm
- [V-Guard and Crompton battle out over ‘Pebble’](https://rnaip.com/v-guard-and-crompton-battle-out-over-pebble/) - An engaging tussle between two well-known entities operating in the electrical consumer goods industry over the word ‘Pebble’ being used as a sub-brand has reached the Delhi High Court. V-Guard Industries Ltd (V-Guard) filed the suit alleging trademark infringement, passing off, etc., against Crompton Greaves Consumer Electricals Limited (Crompton), seeking an injunction from using the
- [Coveted well-known trademark status conferred on DHL mark](https://rnaip.com/coveted-well-known-trademark-status-conferred-on-dhl-mark/) - In DHL International GmbH v DLH Express Services Private Ltd (22 April 2022), the IP Division of the Delhi High Court has not only restrained the use of a deceptively similar mark and logo, but also declared DHL to be a well-known mark. The conflicting marks are depicted below: Background DHL asserted rights in the trademark and
- [World IP Day](https://rnaip.com/world-ip-day/) - April 26, 2022, came with double celebrations! Team RNA celebrated World IP day and also formally inaugurated their pristine new office space. We were joined by several colleagues, clients and friends from the IP and legal fraternity. The day witnessed some engaging conversion around IP and the world of innovation, over a high tea. A
- [Gujrat High Court upholds whimsicality of the design](https://rnaip.com/gujrat-high-court-upholds-whimsicality-of-the-design/) - Design of an AC starter switch depicted below is bone of contention between the parties. Gelco Electronics Pvt. Ltd (Gelco) filed the suit at the Gujrat High Court against the Defendant, Ellico Controls Pvt. Ltd, (Ellico) alleging registered design infringement and passing off. The injunction application filed by Gelco is being considered by the court.
- [Delhi High Court permits use of OMIPURE mark for RT-PCR test kit to detect Omicron variant of the Covid-19](https://rnaip.com/delhi-high-court-permits-use-of-omipure-mark-for-rt-pcr-test-kit-to-detect-omicron-variant-of-the-covid-19/) - Conflict has arisen between Mankind Pharma Limited (Mankind) and Tata Medical and Diagnostics Limited (TMDL) over the similarity of marks OMIPURE and OMISURE. The OMI element in OMIPURE is derived from Omeprazole and from Omicron variant of Covid-19 for OMISURE. Mankind has filed the suit against TMDL based on its registration of the mark OMIPURE.
- [Is license required to play music at Weddings?](https://rnaip.com/is-license-required-to-play-music-at-weddings/) - Background An interesting case has come up at the Delhi High Court on playing music/sound recording at the ‘marriage ceremonies’ which fall under the fair use exception under the Copyright Act. The case has been brought by Phonographic Performance Limited (PPL) that claims to be a performance rights organization that licenses its members’ sound recording
- [Delhi High Court dismisses lame excuse for adoption of HTC brand for Trimmers and Clippers](https://rnaip.com/delhi-high-court-dismisses-lame-excuse-for-adoption-of-htc-brand-for-trimmers-and-clippers/) - A Taiwanese and Chinese company fight out for rights in the mark HTC at the Delhi High Court. Plaintiff, HTC Corporation claims prior adoption and use of HTC for mobile phones and computing products. Defendants, Mr. L V Degao & Ors claim rights over the identical mark for trimmers and clippers. Both parties have registered the
- [Social commerce - exploring a changed landscape](https://rnaip.com/social-commerce-exploring-a-changed-landscape/) - Dynamism is a characteristic feature of the Information technology sector that facilitates E-commerce. When consumers and businesses were just getting comfortable with traditional e-commerce, a new business model evolved owing to the demand for sustainability and profitability. This business model, which is a sub-set of E-commerce, is driven by the upsurge in the usage of
- [Delhi High Court vacates injunction for suppressing material facts](https://rnaip.com/delhi-high-court-vacates-injunction-for-suppressing-material-facts/) - This order passed by the Delhi High Court emphasizes the perils of suppressing material facts when seeking an interim injunction. Plaintiff, Kent RO System Ltd, and Ors filed the suit against the Defendants, Gattubhai and Ors, alleging trademark infringement, passing off, etc., and restraining the latter from using the mark 'KENT' concerning their business. The
- [Bombay High Court restrains husband and wife from using RPG mark for Optical and Pharmacy business](https://rnaip.com/bombay-high-court-restrains-husband-and-wife-from-using-rpg-mark-for-optical-and-pharmacy-business/) - Two entities using an identical mark 'RPG' an acronym of their names vie for rights before the Bombay High Court. Plaintiff, RPG Enterprises Limited (RPGL), filed the suit against the Defendants, Riju Ghoshal and Ors (Riju), alleging trademark and copyright infringement and passing off. The post covers the arguments of the party concerning a preliminary
- [Unreal Session - Young Indian's affiliated colleges and schools](https://rnaip.com/unreal-session-young-indians-affiliated-colleges-and-schools/) - We could not have asked for a better way to mark the celebrations on ‘World IP Day’ than spending it with over 200 Young Indians of the Confederation of Indian Industry (CII) sharing their thoughts on IP and innovation. In sync with this year’s theme, our Partner Rachna Bakhru and Associate Partner Shabnam Khan, conducted
- [Delhi High Court Rules -‘DIL AFZA’ is not same as ‘ROOH AFZA’](https://rnaip.com/delhi-high-court-rules-dil-afza-is-not-same-as-rooh-afza/) - Sharbat, a drink made from plant and flower extract with sugar is a popular summer drink in the Indian sub-continent. Buying a bottle of sharbat may involve emotions but those who appreciate this deep emotion would be the first to be able to distinguish between 'Rooh' (spirit) and 'Dil' (heart), the Delhi High Court said
- [One day workshop on "Importance of Innovation, Patent Protection and Prior Art Search"](https://rnaip.com/one-day-workshop-on-importance-of-innovation-patent-protection-and-prior-art-search/) - It was a pleasure to participate in One day workshop organized by Delhi Technological University (DTU) on the Occasion of World IP Day on April 26th 2022. The sessions were focused on “Importance of Innovation, Patent Protection and Prior Art Search” and were delivered by Experts Suvarna Pandey and Chandan Kumar of the Patents Team.
- [“Trademark and anti-Counterfeiting – Real vs Unreal”](https://rnaip.com/trademark-and-anti-counterfeiting-real-vs-unreal/) - Our Partner, Rachna Bakhru delivered yet another interactive and energised session on “Trademark and anti-Counterfeiting – Real vs Unreal”. The session was conducted on April 22, 2022 in collaboration with INTA’s Unreal Campaign Committee and CIPAM (Cell for Intellectual Property Promotion) for the students of AIM (Atal Innovation Mission) as part of World IP Day
- [Pepsico takes Red Bull by the horns](https://rnaip.com/pepsico-takes-red-bull-by-the-horns/) - This order passed by the Delhi High Court emphasises the complexity of enforcing rights tag lines/slogans used in advertising a brand. Plaintiff, Red Bull AG (Red Bull) filed the suit against Defendant, Pepsico India Holdings Pvt Ltd & Anr (Pepsico), alleging trademark infringement and restraining the latter from using the tagline ‘STIMULATES MIND. ENERGIZES BODY’.
- [OM is the religious symbol and cannot be monopolized](https://rnaip.com/om-is-the-religious-symbol-and-cannot-be-monopolized/) - This note discusses the perils of suppressing material facts while seeking ex-parte injunction and the ensuing consequences. The Plaintiff, OM Logistics Ltd, (OML) filed suit before the Delhi High Court against the Defendant, Mahendra Pandey (Mahendra) alleging trademark infringement and passing off and to restrain the latter from using the mark/name ‘OM Logistics’ in relation
- [New Patent Suit rules to demystify patent litigation in India](https://rnaip.com/new-patent-suit-rules-to-demystify-patent-litigation-in-india/) - In the last two decades, India has seen a rising number of patent disputes in several technology fields, including pharmaceuticals, electronics, biotechnology, and telecommunications. In the absence of special IP courts, it is challenging for the Judges to adjudicate technical matters that require expertise in the respective domain. While the Judges are experienced in applying the
- [Growing Importance of Trade dress to Brand Owners](https://rnaip.com/growing-importance-of-trade-dress-to-brand-owners/) - In the current times, trade dress (e.g., packaging, colour scheme and overall appearance) along with a product name has a lasting impact on the consumer experience and brand recall. The trade dress of the product is being given special attention by the brand owners to distinguish their products from competitors and build affinity for their
- [RNA Technology and IP Attorney is regarded as the IP trailblazer in India](https://rnaip.com/rna-technology-and-ip-attorney-is-regarded-as-the-ip-trailblazer-in-india/) - The 2022 edition of ‘World Trademark Review 1000 ranks RNA Technology and IP Attorney as a Silver band firm for Enforcement and Litigation & Bronze band firm for Prosecution and Strategy. Our Managing Partner Ranjan Narula is ranked as a Silver band in Enforcement and Litigation & Prosecution and Strategy. Our Partner Rajiv Suri is
- [AMPM mark falls short of being a well-known mark](https://rnaip.com/ampm-mark-falls-short-of-being-a-well-known-mark/) - The parties in this case AMPM Fashions Pvt. Ltd, the Plaintiff (AMPM ) and Akash Anil Mehta and others, the Defendants (Akash) are locked in a battle, concerning the use of the trademark ‘AMPM’. The rival trademarks are set out below: AMPM Fashions Pvt Ltd, the Plaintiff (AMPM) filed the action before the Delhi High
- [The growing importance of brands in the healthcare sector](https://rnaip.com/the-growing-importance-of-brands-in-the-healthcare-sector/) - The Indian healthcare sector is expected to reach market size of US$ 500 billion by 2022. The key the key contributors to growth are rising income levels, greater health awareness, increased lifestyle diseases among the urban population, and improved access to insurance amongst others. As of July 2021, as per the data available, the number
- [Sustainability challenge](https://rnaip.com/sustainability-challenge/) -  Preservation of the environment, promotion of sustainable development, and particular attention to climate change are matters of grave concern for the entire human family – Pope Benedict XVI. Team RNA took the 30 day sustainability challenge with each member achieving their personal set goals to reduce waste and become positive contributors to the environment
- [INTA Unreal Campaign – student engagement sessions [26th February 2022]](https://rnaip.com/inta-unreal-campaign-student-engagement-sessions-26th-february-2022/) - Our Associate Partner Daleep Kumar and Associate Girish Bhatia conducted a session on February 26th, 2022 at HR College of Commerce and Economics, Mumbai. It was a very interactive session with the students from Economics and Commerce backgrounds and the faculties. The session lasted for around 1hr 20mins which was followed by questions and answers.
- [Crypto is not a ‘currency” as per new ASCI guidelines on Virtual Digital Assets](https://rnaip.com/crypto-is-not-a-currency-as-per-new-asci-guidelines-on-virtual-digital-assets/) - The Indian government in its annual Budget presented for the financial year 2022-23 for the first time defined Virtual Digital Assets (VDA), which includes both crypto and NFT. The government also introduced a special provision to tax gain made on VDA trading by 30%. The reason for this tax was phenomenal rise of such transactions
- [What US brand owners must know about India TM filling Practice](https://rnaip.com/what-us-brand-owners-must-know-about-india-tm-filling-practice/) - Top Ten Tips about Indian trademark practice Indian trademarks law allows filing and registering a mark on the basis of “intention to use” the mark in India. Thus, unlike US trademark practice, brand owner is not required to show actual use of the mark before a mark is registered or within 6 months of registration.
- [Moonshine is the real Baazigar!](https://rnaip.com/moonshine-is-the-real-baazigar/) - As online gaming industry is gaining traction among the internet savvy generation, the disputes on branding and IP issues had to follow. The post discusses two entities operating online gaming platform pitted against other for the mark ‘Baazi’ (an urdu word that commonly refers to a ‘bet’ or ‘game’). The Plaintiff, Moonshine Technology Private Limited
- [Basmati battles beset producers in India](https://rnaip.com/basmati-battles-beset-producers-in-india/) - Basmati is India’s great contribution to the world of gastronomy. People the world over recognise it as a long grain aromatic rice grown in the foothills of the Himalayas. Basmati is popular due to its distinct flavour, aroma, taste, and soft and fluffy texture upon cooking. The agro-climatic conditions of the specific geographical region where
- [Madras High Court Reposes faith in ‘Dr Trust’ brand](https://rnaip.com/madras-high-court-reposes-faith-in-dr-trust-brand/) - The case highlights that due diligence must precede business diversification and new brand adoption. The Plaintiff, Nureca Limited (Nureca), filed the suit to restrain the Defendant, Thaker Brothers (Thaker) from using the mark Doctor’s Trust in relation to blood pressure monitors, pulse oximeters, blood glucose meters, infra-red thermometers. Thaker has filed application to set aside
- [DICCI Webinar](https://rnaip.com/dicci-webinar/) - Our Managing Partner Ranjan Narula had been invited by Dalit Indian Chamber of Commerce and Industry- DICCI to speak about Brands, Protection and...Read more!
- [Civil Imprisonment to Director for Trademark Violation](https://rnaip.com/civil-imprisonment-to-director-for-trademark-violation/) - The Delhi High Court vide order dated 12th December, 2018 sentenced the Director of a company to fifteen days civil imprisonment for non-compliance...Read more!
- [Goodwill is not a depreciating asset](https://rnaip.com/goodwill-is-not-a-depreciating-asset/) - Under the India Income Tax Act, 1961 (IT Act), there are prescribed depreciation rates for different categories of assets, called the...Click to read more!
- [Fantasy or Reality - Leveraging Technology for money Games](https://rnaip.com/fantasy-or-reality-leveraging-technology-for-money-games/) - The craze for fantasy sports and other online games played with real money has skyrocketed with several apps mushrooming in last 2 years to catch consumers attention. A few of the popular ones are listed below Dream11.com. Paytm First Games. Qureka. Loco. My11Circle. Ace2Three. 8 Ball Pool. Pokerbaazi.com. According to a FICCI-EY report, the Indian
- [Sweet makers fight over the name ‘Krishna’](https://rnaip.com/sweet-makers-fight-over-the-name-krishna/) - Use of the name ‘Krishna’, one of the most revered Hindu God is the subject of trademark dispute between two sweet manufacturers. The Plaintiff, Sri Krishna Sweets Pvt. Ltd, filed the suit before the Addl. City Civil Judge, Bengaluru, alleging trademark infringement, passing off, etc, against the Defendant, Sri Krishna Sweets. An injunction application was
- [Q&A - A Guide To The India IP Landscape](https://rnaip.com/a-guide-to-the-india-ip-landscape/) - India is increasingly being recognised as a global innovator being in the top 50 innovating countries in the World Intellectual Property Organization (WIPO)’s Global Innovation Index (GII). However, The Economic Survey of the Indian Ministry of Finance published in 2021 shows that the majority of patent applications in India come from non-residents. Are you expecting
- [FREEZ held to be phonetically similar to BREEZER](https://rnaip.com/freez-held-to-be-phonetically-similar-to-breezer/) - Bacardi and Company Limited (Bacardi), the manufacturer of alcoholic beverages and registered proprietor of the trademark BREEZER has filed a suit before the Delhi High Court alleging trademark infringement and passing off. Bacardi is aggrieved by Bahety Overseas Private Limited, (Bahety) adoption and use of the mark FREEZMix concerning non-alcoholic beverages. Bacardi in the suit
- [Current Scenario of Artificial Intelligence and patent protection in India](https://rnaip.com/current-scenario-of-artificial-intelligence-and-patent-protection-in-india/) - Artificial intelligence is the ability of a computer or a robot to perform tasks commonly associated with intelligent beings or humans. This includes the ability to reason, make decisions and generalize based on data processing using algorithms. The pre-programmed computer can analyze data by studying the repeat patterns of human behavior and do intuitive thinking,
- [Overview of Intellectual Property Rights in India](https://rnaip.com/overview-of-intellectual-property-rights-in-india/) -  Our Associate Girish Bhatia was invited by Maharashtra National Law University, Aurangabad to conduct a session on Overview of Intellectual Property Rights in India. The session took place for around 1hr 30 minutes on 05th December 2021 which included the PPT presentation followed by the question and answers round. It was attended by students
- [INTA Unreal Campaign – student engagement sessions at St. Thomas Orthodox Church, Dubai](https://rnaip.com/inta-unreal-campaign-student-engagement-sessions-at-st-thomas-orthodox-church-dubai/) - Our Associate Partner Shabnam Khan and Associate Girish Bhatia conducted a session on November 26th, 2021 at St. Thomas Orthodox Church, Dubai. The session was conducted via Zoom and lasted for around 1hr 30mins which was followed by an exhaustive question and answer round. The presentation was attended by around 40 people from different age
- [INTA Unreal Campaign – student engagement sessions at St. PBN Public School, Gurugram](https://rnaip.com/inta-unreal-campaign-student-engagement-sessions-at-st-pnb-public-school-gurugram/) - Our Associate Partner Shabnam Khan and Associate Girish Bhatia conducted a session on November 23rd, 2021 at St. PBN Public School, Gurugram. It was a very interactive session with the students from grades VIII to XII. The session lasted for around 1hr which was followed by questions and answers. The session was attended by in
- [Non-Conventional Trademarks](https://rnaip.com/non-conventional-trademarks/) - Our Associate Girish Bhatia was invited by Indian Lawyers Association Sonipat Chapter to conduct a session on Non-Conventional Trademarks. The session took place for around 1hr on 19th November 2021 which included the PPT presentation followed by the question and answers round. It was attended by students, teachers and lawyers with different specialization. The session
- [2nd National Moot Court Competition organized by Himachal Pradesh National Law University, Shimla](https://rnaip.com/2nd-national-moot-court-competition-organized-by-himachal-pradesh-national-law-university-shimla/) - Our Associate Girish Bhatia was recently invited to adjuge one of the rounds of 2nd National Moot Court Competition organized by Himachal Pradesh National Law University, Shimla. The event took place on 29th October 2021. Students from different universities participated in the competition. 
- [INTA Unreal Campaign – student engagement sessions (Chanderprabhu Jain College of Higher Studies & School of Law)](https://rnaip.com/inta-unreal-campaign-student-engagement-sessions-chanderprabhu-jain-college-of-higher-studies-school-of-law/) - Our Associate Partner Shabnam Khan and Associate Girish Bhatia along with Pankaj Aseri, from Novartis Mumbai conducted a session at Chanderprabhu Jain College of Higher Studies & School of Law on October 23, 2021. The session was thoroughly enjoyed by the students and they could very well relate to the videos in the presentation. The
- [INTA Unreal Campaign – student engagement sessions (Nirma University)](https://rnaip.com/inta-unreal-campaign-student-engagement-sessions-nirma-university/) - Our Partner Rachna Bakhru successfully conducted a session at Nirma University, Dehradun on 07th October 2021. The talk lasted for around 1hr 30mins which was followed by questions and answers. The campaign was attended by 140+ law students. The teachers along with the students had different queries related to difference between first copy, second copy
- [Madras High Court dismisses claim of exclusivity over ‘ARUN’ and rules it is a common Indian name](https://rnaip.com/madras-high-court-dismisses-claim-of-exclusivity-over-arun-and-rules-it-is-a-common-indian-name/) - Hatsun Agro Product Ltd (Hatsun) and Sri Ganapathy Dairy (Ganapathy) wrestle out the use of brand name Arun for ice cream and ghee (clarified butter). Hatsun asserts rights over ARUN trademark before the Madras High Court, alleging trademark infringement and passing off. Hatsun in the suit contends: They are one of the largest food and
- [Delhi High Court holds WOODS and WOODLEY to be similar](https://rnaip.com/delhi-high-court-holds-woods-and-woodley-to-be-similar/) - Is there copying of the dominant portion of the trademark? This short point has come up for consideration in the instant suit between two entities dealing in apparel. The Plaintiffs, Avtar Singh and Ors (Avtar), filed the suit before the Delhi High court, alleging trademark infringement and passing off against the Defendants, Sakshi Srivastava (Sakshi)
- [No exclusive rights in 'City' and 'Collection' holds Bombay High Court](https://rnaip.com/no-exclusive-rights-in-city-and-collection-holds-bombay-high-court/) - The use of the common English words 'City' and 'Collection' is the primary issue in the appeal before the Bombay High court. Orange City Mobile Collection, dealing in mobile phones and accessories, has filed the appeal before the Bombay High Court against the judgment and decree of the District Judge-6, Nagpur restraining them from using
- [Relaxo asserts its Design in the Slippers to stop Aqualite’s use](https://rnaip.com/relaxo-asserts-its-design-in-the-slippers-to-stop-aqualites-use/) - Indian footwear market is estimated to be US $ 15.5 billion by 2022. With tremendous growth potential, the sector is witnessing an unprecedented investment and launch of footwear directed towards all segments of society. As disposable income rises among Indian consumers, they move up the value chain, demanding products for different uses and occasions. The
- [The battle over orange-red colour scheme for noodles wrapper](https://rnaip.com/the-battle-over-orange-red-colour-scheme-for-noodles-wrapper/) - ITC filed the suit for passing off and copyright infringement before the Additional City Civil and Sessions Judge, Commercial Court, Bengaluru against CG Foods Pvt Ltd (CGF), makers of noodles under the brand 'Wai Wai'. ITC alleged CGF has copied the visual appearance of Sunfeast Yippee Noodles wrapper . ITC seeks to restrain CGF from
- [Our Patent Associate, Chandan Kumar was invited as a speaker by ASSOCHAM](https://rnaip.com/our-patent-associate-chandan-kumar-was-invited-as-a-speaker-by-assocham/) - Our Patent Associate, Chandan Kumar was invited by ASSOCHAM as a speaker for a webinar organised on the topic, “The Basic of Patent Specification Drafting”, on 29th September 2021. The webinar was a part of the ASSOCHAM IP BOOTCAMP and was attended by students of “PSNA College of Engineering and Technology”, where in they were
- [ASSOCHAM IP Excellence Awards](https://rnaip.com/assocham-ip-excellence-awards/) - Our partner, Rachna Bakhru has been recognized and facilitated as “Top 10 Women Contributors in IP” by Assocham. The recognition was bestowed during the ASSOCHAM IP Excellence Awards ceremony held on October 5, 2021. The event was attended by a number of prominent professionals from the IP fraternity. The mega-conference was aimed at recognizing and
- [Demand to clarify legality of NFTs in India grows](https://rnaip.com/demand-to-clarify-legality-of-nfts-in-india-grows/) - Non-fungible tokens (NFTs) have recently gained enormous traction in India. While the COVID-19 pandemic adversely impacted the art markets in India, NFTs bring hope to the artists and creators looking at the digital art markets to overcome traditional market barriers. Digital platforms can provide for artists to access a broader market base, gain better reach,
- [Madras High Court allows Cycle trademark for ‘Incense sticks’ and ‘Edible Oil’ to coexist](https://rnaip.com/madras-high-court-allows-cycle-trademark-for-incense-sticks-and-edible-oil-to-coexist/) - The Court holds Cycle to be an arbitrary adoption for the products such as incense sticks/ Agarbathi. However, it refuses to grant broader protection for the mark CYCLE, holding it is a common English dictionary word. The Plaintiff, N. Ranga Rao & Sons Private Ltd, (Ranga Rao), filed the suit against Defendant, Sree Annapoorna Agro
- [Renewable energy and Patents in India](https://rnaip.com/renewable-energy-and-patents-in-india/) - India is the world's third‐largest energy-consuming country with a population of approx. 1.3 billion. Studies indicate that energy use has doubled since 2000, with 80% of demand still being met by coal, oil, and solid biomass. The country's economic growth demands increase in its energy resources, energy systems, and infrastructure. As per International Energy Agency
- [Madras High Court holds 'Care' to be generic](https://rnaip.com/madras-high-court-holds-care-to-be-generic/) - The case note illustrates the inherent difficulty in enforcing rights in a word that is descriptive of services. The Plaintiff, Praba's V Care Health Clinic Pvt. Ltd (Praba) filed the suit against the Defendant, I-Care Aesthetic Clinic (I-Care), before the Madras High Court alleging trademark infringement, passing off, etc. Praba seeks a perpetual injunction restraining
- [Generic companies prevail against AstraZeneca in Patent war over anti-diabetic drug Dapagliflozin](https://rnaip.com/generic-companies-prevail-against-astrazeneca-in-patent-war-over-anti-diabetic-drug-dapagliflozin/) - The post outlines Appeals filed by AstraZeneca against refusal of interim injunction in nine Patent infringement lawsuits filed at the Delhi High Court to protect their anti-diabetic drug Dapagliflozin. The claim of AstraZeneca is based on Dapagliflozen (hereinafter referred to as 'DAPA') used for treatment of people suffering from type -II diabetes mellitus. DAPA it
- [ASCI unveils final Guidelines for Influencer Advertising on Digital Media](https://rnaip.com/asci-unveils-final-guidelines-for-influencer-advertising-on-digital-media/) - Influencer marketing globally is estimated to be a $ 1.75 billion industry. The trend is gaining traction in India, with more and more consumers buying goods online. The Advertising Standards Council of India (ASCI) to regulate this activity had issued the draft guidelines in February 2021 seeking feedback from all stakeholders – advertisers, agencies, influencers,
- [IP for Social Media Influencers and Content Creators](https://rnaip.com/ip-for-social-media-influencers-and-content-creators/) - Social media influence is one of the most powerful and successful methods of marketing and advertising. According to a recent study conducted by Adlift, India's influencer market is valued at $75-$150 million, while the international influencer market is valued at $1.75 billion and is likely to rise further. However, as social media platforms gain more
- [A comedy of errors](https://rnaip.com/a-comedy-of-errors/) - The plaintiff, TCF Entertainment Private Limited (TCF), filed the suit against Zee Entertainment Enterprises Limited (Zee) and another alleging trademark infringement on account of their proposed use of the mark ‘Comedy Factory’. Manan Desai, an Indian actor and comedian, originally conceived the mark ‘Comedy Factory’. The mark was later assigned to TCF who is the
- [Telangana High Court Rules 'Tasty Drops' similar to ‘Tasty Gold’](https://rnaip.com/telangana-high-court-rules-tasty-drops-similar-to-tasty-gold/) - Rights over the mark ‘Tasty Gold' are being asserted by Sri Tulasi Industries (Tulasi) against Sri Sapthagiri Industries and Ors (SSI) for using the mark 'Tasty Drops' for edible oil. At the time of admission, an ex parte interim injunction was granted by the District Court (Mahabubnagar). The injunction was set aside by the District Court after
- [INTA Unreal Campaign - student engagement sessions](https://rnaip.com/inta-unreal-campaign-student-engagement-sessions/) - Our Partner Rachna Bakhru successfully conducted a session at University of Petroleum and Energy Studies (UPES), Dehradun on 12th August 2021 at 12pm (IST). It was an interactive session which was not only attended by students from law but by students and faculties from sciences as well. The session took place for around 1hr 30mins
- [Non-Fungible Tokens and its Impact on current IP Laws](https://rnaip.com/non-fungible-tokens-and-its-impact-on-current-ip-laws/) - Our Associate, Girish Bhatia was invited by The IP Press to conduct a session on Non-Fungible Token and its impact on current IP Laws. The session took place for around 1hr 30mins on August 14th at 3pm (IST) which included the PPT presentation followed by the question and answers round. It was attended by
- [Raffles University, Rajasthan - August 05th, 2021](https://rnaip.com/raffles-university-rajasthan-august-05th-2021/) - Our Partner Rachna Bakhru successfully conducted a session at Raffles University, Rajasthan earlier today at 3pm (IST). The presentation was delivered virtually on zoom and attended by the students offline as well as online. It was a 1hr 10mins session which included our presentation followed by the question and answers round. The campaign was attended
- [CIPAM Sessions](https://rnaip.com/cipam-sessions/) - Our Partner, Abhishek Nangia and Associate Partner, Suvarna Pandey were invited on 3rd August 2021 by Cell for IPR Promotion and Management (CIPAM) to speak on the interesting topics focusing on the agriculture cluster of start-ups. Suvarna shared her views on Agriculture Biotechnology and Patent Protection. Abhishek addressed the audience on Importance of Trademark in
- [Court pulls up petitioner for making false claims](https://rnaip.com/court-pulls-up-petitioner-for-making-false-claims/) - Cattle Remedies (Cattle), registered proprietor of the mark UTEROTONE had filed rectification proceedings before the Intellectual Property Appellate Board (IPAB) for removal of the mark UTROTON in the name of Nishi Gupta (Nishi). IPAB ruled in favour of Cattle, and cancelled Nishi’s registration for UTROTON. The post discusses Appeal filed by Nishi (in the form
- [Talk on the Patent Specification Drafting and Claims Construction](https://rnaip.com/talk-on-the-patent-specification-drafting-and-claims-construction/) - Our Associate Partner Miss Suvarna Pandey delivered a talk on the Patent Specification Drafting and Claims Construction at the online Faculty development program (FDP) event organized by Prathyusha Engineering College under AICTE Training and Learning (ATAL) Academy with the theme "Patent Law for Engineers and Researchers.” on 28th July 2021. .
- [CIPAM Workshop](https://rnaip.com/cipam-workshop/) - Our Associate Partner Daleep Kumar was invited by Cell for IPR Promotion and Management (CIPAM) to speak at a two – day IPR workshop on 19th & 20th July, 2021 organized for the Police Officers at the Central Detective Training Institute, Hyderabad (CDTI). The session focused discussions around the Copyright Law and Enforcement Issues and
- [Unreal session at School of Law, Jaipur National University, Rajasthan](https://rnaip.com/unreal-session-at-school-of-law-jaipur-national-university-rajasthan/) - Our Associate Partner Shabnam Khan and Associate Girish Bhatia conducted a session at School of Law, Jaipur National University, Rajasthan on July 19th, 2021, at 3pm (IST) via zoom platform. The campaign was attended by almost 80 enthusiastic students from law department of the University. It was a 54-minute discussion about the harmful effects of
- [The Cryptocurrency and IPR enigma](https://rnaip.com/the-cryptocurrency-and-ipr-enigma/) - Over the previous few years block chain technologies, particularly getting used as associate innovative technology within the cryptocurrency or NFT's, has become predominant because of their nature of being permanent and irreversible. With digital transactions changing into the requirement of the hour, NFTs are currently taking the globe by storm particularly for firms that are
- [Abhishek's interview on Information Technology Rules 2021](https://rnaip.com/abhisheks-interview-on-information-technology-rules-2021/) - Our Partner, Abhishek Nangia was invited by The Contemporary Law Forum to share his views on the evolving topic - Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 . Abhishek explains key features of Information Technology Rules 2021, debate surrounding regulation of OTT platforms, analyses reasons for strong criticism behind IT Rules
- [NFT AND Intellectual Property](https://rnaip.com/nft-and-intellectual-property/) - Our Associate Girish Bhatia was invited by Unique Law to take a webinar on the topic Non-fungible Tokens and its effect on Intellectual Property Rights which is one of the emerging topics in the field of Intellectual Property Rights. The webinar included information related to Non-Fungible Tokens, its benefits and its legal position internationally as
- [KAPITAAS Event](https://rnaip.com/kapitaas-event/) - Kapitaas in collaboration with RNA, Technology and IP Attorneys as knowledge partners had organized a session on June 23, 2021, regarding IPR scenario in India and its protection along with the digital scenario. Two of our Partners, Mr. Ranjan Narula and Mr. Rajiv Suri gave an insight to the participants on the relevant IPR
- [Session on Waste Management by Monika Khanna Gulati](https://rnaip.com/session-on-waste-management-by-monika-khanna-gulati/) - In line with RNA’s Environment policy, we invited a guest speaker Monika Khanna Gulati to learn from her vast experience and knowledge of waste management at source. The recent pandemic has taught us many lessons, including the urgency and significance of preserving our environment for better health. What goes in comes back! Each of us
- [Bombay High Court: Copyright registration of a label not mandatory](https://rnaip.com/bombay-high-court-copyright-registration-of-a-label-not-mandatory/) - SSPL claimed that NTC was using similar trade dress and labelling for soya bean oil products NTC claimed that SSPL did not own the copyright for the label artwork The court dismissed NTC’s argument that copyright registration is mandatory to maintain an action under the Copyright Act The parties in Sanjay Soya Private Limited v
- [Copyright office Digitize its Services](https://rnaip.com/copyright-office-digitize-its-services/) - The official website of the Copyright Office https://copyright.gov.in/ has been modernized, making it more user-friendly. The website now provides several new functionalities, including Status of copyright applications Search facility Information relating to applications received Applications in which a copy of work has to be submitted post-e-filing of the applications Details of applications listed for hearings, etc. The
- [Volunteer Spotlight: Rachna Bakhru](https://rnaip.com/volunteer-spotlight-rachna-bakhru/) - Susanna Heurung, Maiwald Patentanwalts - und Rechtsanwaltsgesellschaft mbH, Munich, Germany INTA Bulletins—Europe Subcommittee Teaser: Rachna Bakhru (RNA, Technology and IP Attorneys, India) plays a leadership role at INTA and in dispute resolution at her firm. She is passionate about fitness and well being, as well as ethical and environmentally conscious brands. Rachna Bakhru is a
- [Delhi High court protects Right to Be Forgotten (RTBF)](https://rnaip.com/delhi-high-court-protects-right-to-be-forgotten-rtbf/) - The concept of RTBF has arisen from the desires of individuals to determine the development of their life autonomously, without being perpetually or periodically stigmatized because of a specific action performed in the past. The proponent of free speech questions whether creating a right to be forgotten would decrease the quality of the Internet through
- [Unreal Campaign for students](https://rnaip.com/unreal-campaign-for-students/) - Rachna Bakhru and Shabnam Khan from our firm conducted the Unreal Presentation Session for the students of Pravin Gandhi College of law in Mumbai on April 30, 2021. The session was attended by students from the 5 Year Integrated Law Degree Program of the institute and a few faculty members. The presentation educated students on
- [Session on IP Enforcement](https://rnaip.com/session-on-ip-enforcement/) - On April 9, 2021, Rajiv Suri of our Firm delivered a webinar session on Intellectual Property Rights Enforcement scenario in India to new age business owners. The webinar covered topics related to civil action, criminal action and the border control measures. The session was organized by World Association for Small and Medium Enterprise (WASME) which
- [Crisis of covid vaccines and role of Patents](https://rnaip.com/crisis-of-covid-vaccines-and-role-of-patents/) - India is under the second wave of covid-19 facing a major public health crisis. There is a rush among people from all walks of life to get vaccinated as the Government has opened the vaccination for 18-44 years (until now, vaccination was only being provided to 45 and older). This immediately brought into focus India's
- [Deception of Greenwashing](https://rnaip.com/deception-of-greenwashing/) - Today, the young consumer's expectations from the brands they buy are beyond good quality products. The millennials globally expect brands to do good in the world. The consumers hope that the brands resonate with their values and care about the environment, produce products responsibly without harming natural resources, and at the same time uplift the
- [Top 10 tips for brands in the Fashion Industry](https://rnaip.com/top-10-tips-for-brands-in-the-fashion-industry/) - You cannot protect ideas from being copied. The idea in your mind cannot be protected; however, the representation of your ideas in tangible form is what is protectable. E.g. If you have plans on organizing a theme party and you share your detailed thoughts with a friend, who ends up executing the same theme and
- [Fintech wars- PhonePe" strikes at "BharatPe" over use of “Pe” akin to “Pay”](https://rnaip.com/fintech-wars-phonepe-strikes-at-bharatpe-over-use-of-pe-akin-to-pay/) - Plaintiff provides online payment services through its App under the name/mark "PhonePe." Plaintiff is aggrieved by the use of the element "Pe," which is a misspelling of the word "Pay," as part of Defendant's mark "BhartPe." Defendant also provides payment services through App but are directed towards merchants, whereas the PhonePe services are for both
- [Business Continuity and Covid](https://rnaip.com/business-continuity-and-covid/) - You would have come across news reports of India severely hit by Covid infections and grappling with the situation. National and International health authorities are actively engaged in monitoring the spread of the virus in India and providing care and adequate facilities to those affected. We understand that this uniquely challenging pandemic and its repercussions
- [India remains on USTR 301 watch list](https://rnaip.com/india-remains-on-ustr-301-watch-list/) - The Office of the United States Trade Representative (USTR) recently released Annual Special 301 report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property rights. As part of this exercise, USTR reviewed more than one hundred trading partners for this year’s Special 301 Report and placed thirty-two (32) of
- [Serum Institute defends its rights over COVISHIELD](https://rnaip.com/serum-institute-defends-its-rights-over-covishield/) - COVISHIELD, the Astra Zeneca developed vaccine, and manufactured by Serum Institute in India to prevent Covid19, is the subject of a trademark dispute between two entities operating in the pharmaceutical trade. Cutis Biotech (Cutis), the Plaintiff, filed the suit before the Commercial Court, Pune, alleging passing off to restrain the Defendant, Serum Institute India Private Limited (Serum
- [Rules of the club](https://rnaip.com/rules-of-the-club/) - A dispute between InterDigital and Xiaomi highlighted the delicate balance between confidentiality and fair opportunity in SEP disputes, say Ranjan Narula and Suvarna Pandey of RNA Technology and IP Attorneys. The objective of forming a ‘Confidentiality Club’ during patent or trade secret litigation matters has become a standard protocol to keep the business-sensitive documents/information
- [Tanman is not similar to Atmantan](https://rnaip.com/tanman-is-not-similar-to-atmantan/) - Bombay High Court heard an appeal against the order of the Ad-hoc District Judge-6, Pune, in a trademark infringement and passing off dispute, dismissing the injunction application filed by the Plaintiff. The Plaintiff, Sharmilee Kapur and Ors (SK) filed the suit before the District court against the Defendant, Kiran Bharekar (Kiran) alleging trademark infringement.
- [A delicate balance: IP rights and the public interest](https://rnaip.com/a-delicate-balance-ip-rights-and-the-public-interest/) - The COVID-19 pandemic continues to take a heavy toll on families, communities, and nations the world over. As the virus spreads, companies and nations are racing to build vaccines and drugs to benefit society at large and, of course, tap a business opportunity. As the vaccine trials reach stage II and III, the plan for
- [Court rejects lack of jurisdiction plea in a quia timet action](https://rnaip.com/court-rejects-lack-of-jurisdiction-plea-in-a-quia-timet-action/) - A short but interesting point regarding jurisdiction comes up for consideration in the instant dispute between two entities in the healthcare industry. The Plaintiff, Cadila Healthcare Limited (Cadila) filed the passing off action against the Defendants, Uniza Healthcare LLP and another (Uniza) before the Delhi High Court, to safeguard its rights in the mark ZYCLEAR
- [Contradictory ‘Use claim’ in the Trademark application leads to adverse inference](https://rnaip.com/contradictory-use-claim-in-the-trademark-application-leads-to-adverse-inference/) - The trademark AMPA is the bone of contention in the instant dispute between two entities dealing in bicycles. The Plaintiff, Jagmohan Ratra (RATRA) filed the suit before the Delhi High Court against the Defendants, Ampa Cycles Private Limited (ACPL) and another alleging passing off. ACPL has filed application to set aside the injunction granted in
- [Prior use turns the scales in favour of Cremo](https://rnaip.com/prior-use-turns-the-scales-in-favour-of-cremo/) - Two entities dealing in milk and dairy products vie for rights in the mark/name CREMO before the Punjab & Haryana High Court. The Plaintiff, Cremo S.A., (Cremo S.A), filed the suit before the District Court, Faridabad (Haryana), against the Defendants, Cremo Netureal Milk LLP & another (CNML), alleging passing off. Cremo S.A., a swiss company,
- [ASCI asks influencers to use #ad, #collab, #promo, #sponsored & #partnership for content](https://rnaip.com/asci-asks-influencers-to-use-ad-collab-promo-sponsored-partnership-for-content/) - According to digital marketing agency AdLift, India’s influencer market is estimated at $75-150 million a year, as compared to the global market of $1.75 billion. There is a considerable activity expected in this area as more Indians go online with pocket-friendly data plans and affordable smartphones. As per ASCI’s Trust in Advertising Report, released last
- [Government moves in to regulate OTT platforms over “lax content moderation”.](https://rnaip.com/government-moves-in-to-regulate-ott-platforms-over-lax-content-moderation/) - OTT platform and digital media has picked up a fast pace in India especially with internet penetration reaching over 50% of the Indian populace which in sheer population numbers works out to staggering (more than) 700 million. Hence, the very concept of OTT is revolutionary in terms of its audience reach. There have been widespread
- [Accountability of social media against its misuse and abuse](https://rnaip.com/accountability-of-social-media-against-its-misuse-and-abuse/) - India, in recent years, has seen a massive surge in the number of internet users and people accessing social media platforms. The pandemic and the ensuing lockdown have doubled these numbers as more and more consumers turn to social media for interaction with their friends and families. At the same time, the digital explosion has
- [A bill to abolish IP Appellate Tribunal. Is it a case of one step forward, two steps backward!](https://rnaip.com/a-bill-to-abolish-ip-appellate-tribunal-is-it-a-case-of-one-step-forward-two-steps-backward/) - A move that took many (if not most) IP practitioners and stakeholders by surprise, a Bill titled “The Tribunal Reforms (Rationalisation and Conditions of Service) Act, 2021” was introduced on 11th February, 2021 in the Lok Sabha (lower house of the Indian Parliament). The Bill proposes to abolish “certain tribunals and authorities and to provide
- [UFO clothing licensee restrained from use of acronym “Under Fourteen Only” (UFO)](https://rnaip.com/ufo-clothing-licensee-restrained-from-use-of-acronym-under-fourteen-only-ufo/) - The Plaintiff, UFO Contemporary, INC, filed action against the Defendants, Creative Kids Wear (India) Pvt. Ltd. and Ors, alleging trademark infringement and passing off to restrain the latter from using the mark UFO in relation to manufacturing and marketing of clothing. The suit is a result of falling out between the parties on use and
- [IP awareness program for Department of Science and Technology (DST), Rajasthan](https://rnaip.com/ip-awareness-program-for-department-of-science-and-technology-dst-rajasthan/) - Ms. Rachna Bakhru, Mr. Abhishek Nangia, Ms. Suvarna Pandey from our team were invited as experts by DST Rajasthan for an IP awareness program conducted for school students on 15th January 2021. The session covered basics of Intellectual Property rights, Designs, Trademark, Patents. The session concluded with an enthusiastic participation from the students putting up
- [Court frowns upon bad faith adoption](https://rnaip.com/court-frowns-upon-bad-faith-adoption/) - ‘Thirumala’ a sacred town in Chittor district, Andhra Pradesh famous for Lord Venkateswara’s temple https://en.wikipedia.org/wiki/Venkateswara_Temple,_Tirumala is being subject of trademark tussle between two entities dealing in milk and dairy products. The Plaintiff, Tirumala Milk Products Private Limited (TMPL), registered proprietor of the mark filed the suit at the Madras High Court against the Defendants, Swaraj
- [Snapdeal has no criminal liability for the sale of SUHAGRA-100](https://rnaip.com/snapdeal-has-no-criminal-liability-for-the-sale-of-suhagra-100/) - The ruling of the single judge of Karnataka High Court holding that an e-commerce marketplace being an 'intermediary' is not liable for any action or inaction on the part of a vendor/seller has come as a significant relief for e-commerce portals and their directors/officers. The court thus proceeded to quash criminal proceedings against the Directors
- [A roundup of key IP developments of 2020](https://rnaip.com/a-roundup-of-key-ip-developments-of-2020/) - As we begin a new year, there is optimism and hope given the unprecedented challenges businesses and consumers faced during 2020. Our post provides a round-up of key developments in legislative, regulatory, and judicial arena that highlight the Indian IP environment remains vibrant. Indian courts and IP offices adapt to the "new normal" The IP
- [Session on ‘IPR in Digital World’ for SPCE Mumbai](https://rnaip.com/session-on-ipr-in-digital-world-for-spce-mumbai/) - Our Managing Partner, Mr. Ranjan Narula was recently invited by Sardar Vidya Bhavan’s Sardar Patel College of Engineering (SPCE), Mumbai to deliver an educational session to their students on IPR in Digital World. The one-week workshop on ‘Strategic Issues in IPR and Innovation’ was organized from January 11th To January 16th, 2021. The session on
- [Celebrities Beware- think before you endorse a product!](https://rnaip.com/celebrities-beware-think-before-you-endorse-a-product/) - In an interesting case, District Consumer Redressal Forum in Kerala (CC 345/12) recently passed an order penalizing the Malayalam movie actor Anoop Menon https://en.wikipedia.org/wiki/Anoop_Menon and the manufacturers of Dhathri Hair Cream https://www.dhathri.com/hair-protector/p/15327821 for making false claims in an advertisement issued in 2012. The movie star and Dhathri were ordered to pay compensation to the complainant and a fine imposed
- [Session for ATAL Tinkering Labs](https://rnaip.com/session-for-atal-tinkering-labs/) - Suvarna Pandey, from our Patent team was invited to speak on “Ownership of IP Rights”. The session on Nov. 20th 2020 was part of an online Training of Teachers program on Intellectual Property Rights organized by CIPAM in collaboration with Atal Innovation Mission (AIM). The session was very well received by the attendees.
- [Pharmaceutical Patenting in India](https://rnaip.com/pharmaceutical-patenting-in-india/) - Ms. Rachna Bakhru from our firm was recently interviewed By Asia IP Law for sharing her valuable insights on pharmaceutical patenting in India and the issues surrounding it. The informative article details out comments from leading IP practitioners in the country on Indian patent laws on pharmaceuticals. Ms. Bakhru particularly shared her expertise and
- [IP office Annual report shows vibrancy in Indian IP Environment](https://rnaip.com/ip-office-annual-report-shows-vibrancy-in-indian-ip-environment/) - The Intellectual Property office has recently issued its Annual report for the years 2018-2019. Our post covers some interesting aspects of the report. Firstly, the report counts its notable achievement during the course of year as below: Simplification of the Patent procedures, Proposal for amending the Patents Rules in respect of revised definition of Start-up,
- [Court frowns upon suppression of material facts](https://rnaip.com/court-frowns-upon-suppression-of-material-facts/) - Quests for personal gains have become so intense that those involved in litigation do not hesitate to take shelter of falsehood and misrepresent and suppress facts in the court proceedings. Materialism, opportunism and malicious intent have overshadowed the old ethos of litigative values for small gains. This post discusses the perils of suppressing material facts
- [One week training program on “protection and enforcement of IPRs” for BLD Institute of Research & Learning](https://rnaip.com/one-week-training-program-on-protection-and-enforcement-of-iprs-for-bld-institute-of-research-learning/) - RNA experts were invited to speak on various topics like overview of IPRs, Patent protection, Significance of IP in Digital Era, Geographical Indications, Data Privacy Laws, Dealing IPRs infringement issues along with procedures for enforcing against fake products. The program was conducted from October 5th to October 10th 2020. Mr. Ranjan Narula, Ms. Rachna Bakhru,
- [INTA Unreal session - National Law University, Odisha](https://rnaip.com/inta-unreal-session-national-law-university-orissa/) - Shabnam Khan and Ajay Kumar from our firm conducted an informative session on counterfeiting and how it affects the society, for students of National Law University, Odisha. The session was well attended and a number of questions around promoting innovation and local brands, combating counterfeiting, perils of fake products and how it affects the consumers
- [Indian Patent Office rolls out a new Form for filing “Working Statement”](https://rnaip.com/indian-patent-office-rolls-out-a-new-form-for-filing-working-statement/) - Working Statement required to be filed by patentees every year continues to be a controversial subject. The frequent change in forms and differing stand of the Patent Office has added to the confusion. The Indian Patent Office has, after more than two years of the consultation process with stakeholders draft form that it rolled out
- [High Literacy rate in Kerala, not the yardstick for assessing confusion](https://rnaip.com/high-literacy-rate-in-kerala-not-the-yardstick-for-assessing-confusion/) - Can the state's literacy rate be a criterion while deciding the likelihood of confusion between the trademarks? An appeal before the High Court of Kerala challenges the District Court's finding holding "Kerala has a high rate of literacy; the deception on account of a deceptively similar trade mark is not possible." Facts of the case
- [Securing your IP Assets in a Business Transaction](https://rnaip.com/securing-your-ip-assets-in-a-business-transaction/) - As Covid19 has created business uncertainty, the M&A activity, in general, has slowed down but still there are companies/businesses that are tapping crisis opportunity to make strategic acquisitions. We outline a few commonly asked questions from IP perspective in a transaction involving transfer of IP assets. I am acquiring a business what are the IP
- [Differing views emerge in BOAT Vs BOULT dispute](https://rnaip.com/differing-views-emerge-in-boat-vs-boult-dispute/) - The post discusses an interesting decision by the Delhi High Court on similarity of marks BOAT and BOULT used for consumer electronic devices such as earphones, headphones, speakers, and other accessories. Imagine marketing Pvt. Ltd (“Plaintiff”), owner of the mark BOAT has brought this action against Exotic Mile (“Defendant”), owner of the mark BOULT alleging
- [Session for ATAL Tinkering Labs conducted by CIPAM](https://rnaip.com/session-for-atal-tinkering-labs-conducted-by-cipam/) - Suvarna Pandey, from our Patent team was invited to speak on “Ownership of IP Rights”. The session on August 30th and September 06th 2020 was part of an online Training of Teachers program on Intellectual Property Rights organized by CIPAM in collaboration with Atal Innovation Mission (AIM). The session was well received by the attendees.
- [Webinar - IP DUE DILIGENCE](https://rnaip.com/webinar-ip-due-diligence/) - Our Partner, Rajiv Suri, spoke at the webinar which was hosted on September 18, 2020 by the World Association for Small and Medium Enterprises (WASME) in collaboration with our firm. It was well attended by the representatives of the MSMEs sector and sufficiently gave an insight as regards intellectual property due diligence in commercial ventures.
- [Adoption of similar packaging for SELECT FLAKE cigarette boomerang on Godfrey](https://rnaip.com/adoption-of-similar-packaging-for-select-flake-cigarette-boomerang-on-godfrey/) - The two dominant players in cigarette category ITC Limited, (ITC) and Godfrey Philips (India) Limited (Godfrey) are pitted against each other over the use of mark FLAKE, and its packaging. ITC took Godfrey to Bombay High Court seeking injunctive relief for infringement of copyright, trademark and passing off in relation to use of similar trademark,
- [WHO OWNS MY PHOTO! - A look at the copyright in photographs](https://rnaip.com/who-owns-my-photo-a-look-at-the-copyright-in-photographs/) - "In photography, there is a reality so subtle that it becomes more real than reality."- Alfred Stieglitz It is a typical lockdown day. I take a photo of beautiful rain drops falling on my patio, and I enjoy it sipping a cup of tea. A picturesque moment! I click a photo, upload it on Instagram
- [Education is not a product of consumption- test of confusion has to be different](https://rnaip.com/education-is-not-a-product-of-consumption-test-of-confusion-has-to-be-different/) - The matter pertains to use of the mark/name CHIREC for educational institute (Higher Secondary and High School), one in Hyderabad and the other in a remote district (Madhugiri Taluk) in the state of Karnataka. CHIREC is allegedly a coined word derived from ‘Children’s Recreation Centre’. Both parties assert rights over the mark/name CHIREC. The post
- [APAC Glocal India Healthcare Conclave](https://rnaip.com/apac-glocal-india-healthcare-conclave/) - Our partner, Rajiv Suri, was invited by the Indian Angels Healthcare Network – which is into creating a network of investors and entrepreneurs for funding healthcare ventures in India – to be one of the expert mentors in the webinar organised by APAC Digital News Network.com on August 27, 2020 titled APAC Glocal India Healthcare
- [Online session on Trademarks for school teachers](https://rnaip.com/online-session-on-trademarks-for-school-teachers/) - Our Partner, Abhishek Nangia was invited by Cell for IPR Promotion and Management (CIPAM) on August 7, 2020 for conducting online interactive session on ‘Trademarks’. The audience comprised of 60 school teachers across India. Abhishek discussed various types of trademarks, importance of trademarks to the consumers and business, easy access to counterfeit goods, harmful effects
- [ITC loses its magic in Masala Noodles battle](https://rnaip.com/itc-loses-its-magic-in-masala-noodles-battle/) - In a much awaited decision, the High Court of Madras has finally cleared the air in the dispute regarding use of the words MAGIC/ MAGICAL and MASALA (a mixture of different spices used in Indian cooking) for food products. In 2013, the conflict had arisen between the two well established FMCG companies ITC Limited (“ITC”)
- [Court frowns upon GE sidestepping Insolvency Process to bring Copyright Infringement Claim](https://rnaip.com/ge-sidestepping-insolvency-process-to-bring-copyright-infringement-claim/) - This case brings about some interesting takeaways on the questions of facts, issues, and jurisdiction in the context of copyright infringement by a company currently undergoing insolvency process. The ruling clarifies that (a) a corporate debtor that is subject of insolvency proceedings, the infringement of intellectual assets by it is to be determined by National
- [Engineering Drawings: A Case of Copyright or Design](https://rnaip.com/engineering-drawings-a-case-of-copyright-or-design/) - This post analyses the challenges of protecting engineering or technical drawing that are likely to be transformed into a product. Should it be protected as an "artistic work" under the Copyright Act or as a "design" under the Designs Act? For a commercial enterprise, generally, a drawing follows a prototype before making the final product,
- [Webinar on IP by H. & G. H. Mansukhani Institute of Management, Mumbai in collaboration with BIAP (Board of Industry-Academia Partnership)](https://rnaip.com/webinar-on-ip-by-h-g-h-mansukhani-institute-of-management/) - As part of the Faculty Development Program, a two day webinar on Intellectual Property was organised by Mansukhani Institute of Management, Mumbai in collaboration with BIAP on July 23 and July 24, 2020. Our lawyers, Abhishek Nangia and Shabnam Khan were invited to conduct the sessions on ‘Basics of Intellectual Property’ and ‘Counterfeiting of Trademarks’.
- [BDR looses LULIBET over similarity with LABEBET](https://rnaip.com/bdr-looses-lulibet-over-similarity-with-labebet/) - Sun Pharma Laboratories Limited (Sun Pharma), and BDR Pharmaceuticals have locked horns over the marks LABEBET and LULIBET. Sun Pharma is the registered proprietor of the trademark LABEBET in class 5 since 2009. Sun Pharma brought a trademark infringement and passing off action against BDR Pharmaceuticals International Pvt. Ltd. (BDR Pharma) and its contract manufacturer
- [Upcoming webinar on July 26, 2020 – “The Master Class for Aspiring Angel Investors, Do’s and Don’ts for Investing In Healthcare”](https://rnaip.com/upcoming-webinar-on-the-master-class-for-aspiring-angel-investors/) - Our Partner, Mr. Rajiv Suri will be speaking at the webinar titled as THE MASTER CLASS FOR ASPIRING ANGEL INVESTORS, DO’S AND DON’TS FOR INVESTING IN HEALTHCARE. The webinar is being organized for angel investors on July 26, 2020. Mr. Suri is one of the distinguished Panelists who will highlight the due diligence aspects required
- [Suppression of facts and delay proves costly for Ajanta Pharma](https://rnaip.com/suppression-of-facts-and-delay-proves-costly-for-ajanta-pharma/) - The use of a mark for export trade is sufficient to maintain an action for trademark infringement and passing off The delay coupled with non-disclosure of knowledge of use can affect obtaining an interim injunction which is a discretionary relief. The Plaintiff, Ajanta Pharma Ltd (Ajanta), the registered proprietor of the mark AMADAY filed suit
- [Rush for CORONA marks at Indian Trademark Registry](https://rnaip.com/rush-for-corona-marks-at-indian-trademark-registry/) - The business opportunities emerging from health scare caused by coronavirus pandemic, has resulted in many small and big pharmaceutical companies worldwide filing for trademarks containing the word CORONA. India is not far behind. A search in class 5 shows 25 pending applications for the marks containing the expression CORONA. All of the marks have been
- [Webinar on Awareness on Anti-Counterfeiting and Enforcement in the Wake of Covid-19 Disruption in India](https://rnaip.com/webinar-on-awareness-on-anti-counterfeiting-and-enforcement-in-the-wake-of-covid-19-disruption-in-india/) - The International Trademark Association’s (INTA) Anti counterfeiting South Asia Subcommittee and the Cell for IPR Promotion and Management (CIPAM) jointly conducted a series of webinars on “Awareness on Anti-Counterfeiting and Enforcement in the Wake of Covid-19 Disruption in India” on June 24, 2020. The three part series was a interesting string of topics and discussion
- [Webinar on VC Investment Due Diligence Master Class](https://rnaip.com/webinar-on-vc-investment-due-diligence-master-class/) - A webinar titled THE VC Investment Due Diligence Master Class was conducted by BIORX Venture Advisors on June 27, 2020. The webinar highlighted the overall due diligence which is required to be conducted while making investments in organisations and commercial set ups. Mr. Rajiv Suri, who heads our Firm’s prosecution and transactional practice, presented his
- [Monsanto under Scrutiny Over Abuse of Dominant Position](https://rnaip.com/monsanto-under-scrutiny-over-abuse-of-dominant-position/) - Monsanto and its Indian subsidiary, Mahyco Monsanto Biotec (India) Pvt Ltd (MBML), are embroiled in several disputes with its licensees and other seed manufacturers over Bt Cotton Technology (Bollgard-I and Bollgard-II). The technology was patented and sub-licensed by MBML in two parts 1) a non-refundable fee to be paid upfront 2) a recurring fee to
- [Acronym of a descriptive term not protectable](https://rnaip.com/acronym-of-a-descriptive-term-not-protectable/) - This case has some interesting aspects. First, the simple one, does a registration grant exclusive right to use and restrain the third party from its use. Can the other side in defense argue that the mark in question is descriptive to defeat the claim? The Plaintiff, Bharat Biotech International Limited (Bharat) filed the suit before
- ['Brilliant' not generic for educational services holds Chhattisgarh High Court](https://rnaip.com/brilliant-not-generic-for-educational-services-holds-chhattisgarh-high-court/) - Facts in brief The Plaintiff claims they are running four schools under the name 'Brilliant Public School' in the state of Chhattisgarh. By use since 2000, they have acquired fame and reputation over the mark. The mark 'Brilliant Public School' is registered in class 41 since 2015. The Plaintiff has objected to the Defendant's adoption
- [Let’s Talk IP](https://rnaip.com/lets-talk-ip/) - Continuing with our initiative of educating students on Intellectual Property and counterfeiting, our partner, Ms. Rachna Bakhru delivered a live the session on Google meet platform on May 23, 2020. The webinar was organized by GD Goenka UP Learn Academy in association with GD Goenka University. Over 40 enthusiastic students participated in the webinar and
- [Striding towards a better system](https://rnaip.com/striding-towards-a-better-system/) - The Indian Patent Office has undergone tremendous change in the last five years with digitisation of record and streamlining its procedures. As an example, a new patent application can be filed electronically and all steps during the prosecution can be taken through the patent office portal. Further, India has agreed a Patent Prosecution Highway (PPH)
- [ISPs and Direct Selling Entities at loggerheads over US$ 1.7 billion opportunity](https://rnaip.com/isps-and-direct-selling-entities-at-loggerheads-over-us-17-billion-opportunity/) - The Direct Selling Entities (“DSEs”) Amway, Oriflame and Modicare that have a specific business model are embroiled in dispute with leading e-tailers, Amzon, Snapdeal, Cloudtail alleging the sale of their products on e-commerce platforms are unauthorized and without their consent. The Single Judge found in favour of DSEs and passed a common order in interlocutory
- [Building a brand protection strategy in the era of 'social distancing'](https://rnaip.com/building-a-brand-protection-strategy-in-the-era-of-social-distancing/) - COVID-19 has created an unprecedented crisis resulting in the Indian government clamping down the movement of people, goods, and services. This has impacted every facet of business and has brought consumers attention to its health and well being. With social distancing becoming 'new normal,' the impact of coronavirus on brick-and-mortar stores during the lockdown phase
- [INTA’s Unreal Campaign goes online](https://rnaip.com/inta-unreal-campaign-goes-online/) - As WFH becomes the “new normal” and educational institutes explore a different way to learn, INTA’s Unreal Campaign goes virtual. Our Partner and Chair of Unreal’s South Asia, Middle East and, Africa’s Sub-committee, Ms. Rachna Bakhru, conducted a first online presentation on April 21, 2020, for the participants from Rajasthan’s leading Science & Technology colleges.
- [Telemedicine becomes reality in India](https://rnaip.com/telemedicine-becomes-reality-in-india/) - The new Telemedicine Practice Guidelines enabling Registered Medical Practitioners (RMPs) to provide healthcare remotely as per Telemedicine guideline were released by NITI Aayog on 25 March 2020. The guideline aims to address challenges faced in providing health care and access to doctors on account of large geographical distances and limited resources in India. As per
- [Chinese Spice Mix or Masala battle reaches Bombay High Court](https://rnaip.com/chinese-spice-mix-or-masala-battle-reaches-bombay-high-court/) - The parties in the suit are at odds over brand names of spice mixture popularly known as ‘masala’ sold under the name ‘White Chinese Pepper Masala’ and ‘Black Chinese Pepper Masala’. Sky Enterprise (Sky), Plaintiff filed a suit before the Bombay High Court restraining Abaad Masala (AM), Defendant from using the marks ‘White Chinese Pepper
- [Acquiescence is not silence or inaction](https://rnaip.com/acquiescence-is-not-silence-or-inaction/) - Does use of a trademark post retirement from the partnership business would result in violation of rights? What would constitute acquiescence? These are the two main issues of conflict between the parties in catering business. The Plaintiff, Rajesh Kumar Agarwal & others (Rajesh) filed suit before the Calcutta High Court alleging trademark infringement, passing off
- [Rights over ‘MATRIMONY’ in the digital world](https://rnaip.com/rights-over-matrimony-in-the-digital-world/) - This post discusses on-going battle over ‘MATRIMONY’ marks. The word Matrimony is being offered by Google and used by various third parties along with various prefixes as key words to attract internet traffic as part of Google ‘Adwords’ program (now known as Google Ads). Matrimony.com has objection to such use by parties. The primary issues
- [Peps and Kurlon battle out over ‘No Turn”](https://rnaip.com/peps-and-kurlon-battle-out-over-no-turn/) - Should a prior used mark though used intermittently be given higher threshold and protection than registered mark? The two companies in mattress trade are loggerheads over use of the mark NO TURN. The Plaintiff, Peps Industries Private Limited (Peps) filed the suit alleging trademark infringement and passing off to restrain the Defendant, Kurlon Limited (Kurlon)
- [Rajasthan High Court holds NEERAJ/NIRAJ not similar to NIRAB](https://rnaip.com/rajasthan-high-court-holds-neeraj-niraj-not-similar-to-nirab/) - Will difference in pronunciation in certain parts of the country leading to phonetic similarity be sufficient to grant an order of injunction? This is the crux of the issue in the instant appeal before the Division Bench (two judge bench) of the High Court of Rajasthan. The Plaintiff, Deepak Vegpro Private Limited (Deepak) filed the
- [Fourth factor in Pharma patent infringement cases](https://rnaip.com/fourth-factor-in-pharma-patent-infringement-cases/) - This post analyses the weightage of fourth factor that is ‘public interest’ in granting interim injunction in the pharmaceutical cases in light of an ex parte interim injunction granted in Novartis Ag & Anr vs Sun Pharmaceutical Industries [CS(COMM) 85/2020]. Facts Novartis Ag (hereinafter ‘Novartis’) on the basis of a patent (IN 237430) for their
- [DPIIT clarifies sourcing of goods norms from SEZs - for Single Brands Retail Trade (SBRT)](https://rnaip.com/dpiit-clarifies-sourcing-of-goods-norms-from-sezs-for-single-brands-retail-trade-sbrt/) - Indian Government to attract foreign direct investment (FDI) eased FDI norms for SBRT in the year 2019 vide Press Note 4 (2019). The press note allowed the foreign SBRT companies to first set up their own online stores in India and later follow it up with the setting up of physical stores – for which
- [IPBC India, Bengaluru](https://rnaip.com/ipbc-india-bengaluru/) - Our Partner, Ms. Rachna Bakhru moderated an insightful panel discussion on “Protecting trade secrets and data” at IPBC India, held in Bengaluru on February 27, 2020. The very structured, market-leading, one-day event was put together by IAM. The six highly focused sessions had avid participation from in-house counsels as well as some of the leading
- [Workshop on IPR Management and Awareness at National Law University (NLUO), Bhubaneswar, Odhisha](https://rnaip.com/workshop-on-ipr-management-and-awareness-at-national-law-university-bhubaneswar-odhisha/) - Intellectual Property Analysis and Advocacy Centre (IPAAC) of NLUO in collaboration with Cell for IPR Promotion and Management (CIPAM), organized a 2-day Workshop on IPR Management and Awareness at National Law University (NLUO), Bhubaneswar, Odhisha on 24-25 February, 2020. Our Partner, Mr. Rajiv Suri, conducted an informative session on “Building brand value by Trade Mark
- [Brand Strategy India, Mumbai](https://rnaip.com/brand-strategy-india-mumbai/) - Our Managing Partner, Mr. Ranjan Narula moderated an interesting panel discussion on “From e-commerce to retail ecosystems” at Brand Strategy India, held in Mumbai on February 24, 2020. The packed one-day event put together by World Trademark Review, methodized around four focused sessions with some of the top thought leaders from the industry. The distinguished
- [Court rejects acquiescence plea and rule in favour of “Make My Trip”](https://rnaip.com/court-rejects-acquiescence-plea-and-rule-in-favour-of-make-my-trip/) - The conceptual similarity of marks ‘Make My Trip’ and ‘Make My Travel’ and their abbreviation MMT is bone of contention between the parties in travel business. Make My Trip (MM Trip) filed a suit for trademark infringement and passing off against Make My Travel (MM Travel) alleging violation of statutory and common law rights in
- [INTA’s Country Guide Searchable Guides is live now!!](https://rnaip.com/inta-country-guides-searchable-guides-is-live-now/) - INTA’s Country Guides, a searchable database of basic, practical information on trademark filing, prosecution, registration, maintenance and opposition in numerous jurisdictions worldwide is updated and live now. We are happy to have been a contributor to the updation of the guide for India. Our Partner, Ms. Rachna Bakhru, is a regular contributor to the India
- [INTA Pre‒Annual Meeting Reception hosted in New Delhi](https://rnaip.com/inta-pre‒annual-meeting-reception-hosted-in-new-delhi-2/) - January witnessed the interesting roundtable hosted by RNA Technology & IP Attorneys in association with INTA. It was an eclectic mix of friends and peers coming together to discuss and share learning experiences. A few glimpses of the event which brought together some of the most prominent professionals from the fraternity!!
- [INTA Pre‒Annual Meeting Reception hosted in New Delhi](https://rnaip.com/inta-pre‒annual-meeting-reception-hosted-in-new-delhi/) - RNA Technology & IP Attorneys in association with INTA hosted the INTA Pre Annual Meeting roundtable and networking reception on January 31, 2020 at the Ambassador Hotel in New Delhi. The riveting event was planned exclusively for Trademark owners’ community and witnessed an exciting intermingling of friends and peers from diverse communities. With sparkling drinks
- [Session - Introduction to Trade Marks law: Infringement, scope and impact - Role of Police](https://rnaip.com/introduction-to-trade-marks-law-infringement-scope-and-impact-role-of-police/) - On 27th January, 2019, our Partner, Mr. Rahul Sethi, conducted a session at The Training of Trainers organised by CIPAM at Maharashtra Police Academy, Nashik, for the police officials about trademark laws, infringement, scope and impact and the role of police in the same. The workshop was inaugurated by the Director of the Academy, Smt.
- [The Delhi High Court asserts- Test Computer Program on Fulcrum of “Technical Contribution”](https://rnaip.com/the-delhi-high-court-asserts-test-computer-program-on-fulcrum-of-technical-contribution/) - The Delhi High Court clarifies patentability of Computer Related Invention/s while deciding a writ petition challenging the order of the Intellectual Property Appellate Board (IPAB). IPAB had dismissed the appeal filed by the petitioner (i.e. patentee) challenging the order of the Patent Office refusing the patent application on the basis of Invention lacking novelty and
- [Understanding the functioning of the Indian Trade Marks Registry](https://rnaip.com/understanding-the-functioning-of-the-indian-trade-marks-registry/) - The increased adoption of technology has resulted in better efficiency and accuracy of records at the Indian Trade Marks Registry. It takes under 12 months to register a trademark; it used to take around two to three years. This article analyses the improvements that have been made by the Trade Marks Registry and remaining challenges
- [Roundup of top 10 IP news and developments of 2019](https://rnaip.com/roundup-of-top-10-ip-news-and-developments-of-2019/) - There is never a dull moment in Indian IP scenario. The vibrant market is growing with courts taking up contentious issues in digital world, brand protection and Patent enforcement to provide stable IP environment. The law makers have been busy plugging gaps in IP policy and regulatory issues to encourage innovation. Our post briefly summarizes
- [Session on Intellectual Property for Start-ups at 91springboard, New Delhi](https://rnaip.com/session-on-intellectual-property-for-start-ups-at-91springboard-new-delhi/) - Our lawyers Suvarna Pandey and Shabnam Khan conducted a highly focussed session on Intellectual Property for start-ups at 91springboard’s Okhla facility. The session was attended by a number of tech based start-ups, technical students, designers, inventors and digital marketing companies and was aimed at providing practical and relevant knowledge to the audience for handling their
- [Dynamic Injunction for “Hydra Headed” Rogue websites](https://rnaip.com/dynamic-injunction-for-hydra-haded-rogue-websites/) - Dynamic injunction has been the newest device to curb the menace of resurfacing pirated websites. In a recent case, UTV & Ors. vs. 1337x.to & Ors., the Delhi High Court issued India’s first ever dynamic injunction, to put a leash or control the websites resurfacing with a different name, by extending the existing the injunction
- [Draft Amendment Rules for regulation of medical devices in India](https://rnaip.com/draft-amendment-rules-for-regulation-of-medical-devices-in-india/) - India is one of the largest market in the Asia for medical devices. A report compiled by India Brand Equity Foundation in May 2019, a trust established by the Department of Commerce, Ministry of Commerce and Industry, Government of India, estimated the Healthcare market in India to reach US$ 372 billion by 2022, while medical
- [Indian IP Office Annual Report 2018 - A further step towards the progress](https://rnaip.com/indian-ip-office-annual-report-2018-a-further-step-towards-the-progress/) - The Office of the Controller General of Patents, Designs, Trademarks and Geographical Indications (Patent and Trademark Office) issued annual report for the year 2017-2018 analyzing how the office has performed. Listing out important achievement in terms of improvement in IP administration, digital reforms and reengineering of IP procedures that has resulted in decreased pendency and
- [The draft patent rules comes into effect](https://rnaip.com/the-draft-patent-rules-comes-into-effec/) - The Indian Patent Office has notified Patent amendment rules on December 4th 2018 which after stakeholders consultation have now been finalized. The major changes brought by the rules are: Encourage electronic submission of documents: In order to further digitize the operations and move towards paperless office, the new Rules require that all documents including executed form
- [Pro bono Roundtable on IPR regulations for NGOs and Social Enterprises in India](https://rnaip.com/pro-bono-roundtable-on-ipr-regulations-for-ngos-and-social-enterprises-in-india/) - A pro bono roundtable was organized by TrustLaw, TRF and RNA IP and Attorneys in collaboration with India Cares Foundation to discuss IPR regulations for NGOs and Social Enterprises in India on November 19, 2019 in Gurgaon. A number of NGO’s and SE’s attended the roundtable for a knowledgeable session on IP, especially tailored to
- [Polo player device for fragrances not publici juris](https://rnaip.com/polo-player-device-for-fragrances-not-publici-juris/) - Does registration of a composite mark confer on the proprietor monopoly over prominent features of the mark? This is the crux of the issue in the lis between two entities dealing in perfumes and fragrances. The Plaintiffs, Lifestyle Equities C.V. and Ors (Lifestyle) has filed suit against the Defendants, Royal County of Berkshire Polo Club
- [Geo-blocking or global take-down](https://rnaip.com/geo-blocking-or-global-take-down/) - In the real world, we are territorially bound. In the virtual world, the boundaries do not exist. In the given scenario, application of the law of the land to the virtual world without any metes and bounds is a debatable territory. In one of the recent cases, Swami Ramdev v. Facebook [CS (OS) 27/2019], the Delhi
- [CIPAM workshop at Nashik Police Academy](https://rnaip.com/cipam-workshop-at-nashik-police-academy/) - Privileged to be invited by CIPAM to speak at first Training of Trainers (ToT) workshop recently held at Nashik Police Academy on Trademarks law, infringement cases, provisions of Information Technology Act and role of IPR in the cyber space. The workshop was attended by various police officers to be trained as master trainers! The sessions
- [Delhi High Court intervenes to streamline functioning of Trademarks Registry](https://rnaip.com/delhi-high-court-intervenes-to-streamline-functioning-of-trademarks-registry/) - The Trademarks Registry recently received a directive from the Delhi High Court to lay down the Standard Operating Procedures (SOPs) to be borne in mind by the officials working at the Registry to improve efficiencies and facilitate the process of prosecution and other related matters. The directions have been issued in the case of writ
- [Our lawyers speak at INTA Asia conference in Malaysia, titled, "Brands in Changing Times"](https://rnaip.com/our-lawyers-speak-at-inta-asia-conference-in-malaysia-titled-brands-in-changing-times/) - Our partner, Rachna Bakhru was part of the distinguished panel for the Role of Consumers in the Fight Against Counterfeits at the recently held INTA Asia conference in Malaysia, "Brands in Changing Times". She shared her views on how to engage GenZ in the fight against counterfeit quoting from INTA recent study on GenZ. Taking
- [The Unreal Campaign INTA - Engagement session at Symbiosis Law School with INTA president David Lossignol](https://rnaip.com/unreal-campaign-inta-engagement-session-at-symbiosis-law-school-with-inta-president-david-lossignol/) - On 26th September, our Partner Rachna Bakhru joined INTA’s President David Lossignol to deliver Unreal presentation to more than 180 students at Symbiosis Law College, Noida campus. An interactive session that lasted for nearly 2 hours had students quizzing David on economics of counterfeit products. Use of Child labour by counterfeiters was of particular interest
- [Delhi High Court expresses deep distress over functioning of The Intellectual Property Appellate Board](https://rnaip.com/delhi-high-court-expresses-deep-distress-over-functioning-of-the-intellectual-property-appellate-board/) - The Intellectual Property Appellate Board (IPAB) created with much fanfare in 2003 with avowed objective of reducing the backlog has proved to be ineffective with cases languishing for years. The current chairman retired in September 2019 and no appointment of Chairman or Technical member (Patent and Copyright) has been made. This has brought functioning of
- [Meso v Liberty: Bombay High Court upholds ‘common to the trade’ defence](https://rnaip.com/meso-vs-liberty-bombay-high-court-upholds-common-to-the-trade-defence/) - Can the use of a house mark be sufficient to identify the origin of the goods so as to avoid confusion and deception? The parties in Meso Private Limited v Liberty Shoes Ltd (Commercial Appeal No 362 of 2019 in COMM Notice of Motion (L) No 1184 of 2019) were vying for the rights to
- [Strict test for comparing Nutraceuticals marks](https://rnaip.com/strict-test-for-comparing-nutraceuticals-marks/) - Sun Pharma Laboratories Ltd (Sun) has filed this suit before the Delhi High Court to restrain the Defendant, Ajanta Pharma Ltd (Ajanta) from using the mark GLOTAB. Sun and Ajanta are registered proprietors of the GLOEYE and GLOTAB marks respectively both of which are used for treating eye ailments. Interestingly both parties’ products are registered
- [India-Patent Prosecution Highway (PPH) Alliances are now a reality](https://rnaip.com/india-patent-prosecution-highway-pph-alliances-are-now-a-reality/) - Indian Patent Office (IPO) is trying to walk the path that t USPTO paved in 2006 by extending its first PPH program to the Japanese patent office (JPO) on a pilot basis. To implement PPH, the Indian patent office has brought amendment in the Patent Rules 2003 notified in September 2019. The objective is to
- [Hullabaloo over Working Statement under the Indian Patent Act](https://rnaip.com/hullabaloo-over-working-statement-under-the-indian-patent-act/) - The filing of working statement is a peculiar requirement under the Indian Patent Act. Section146 (1) read with Rule 131 (2), requires every Patent holder to submit before 31st March, a statement on Form 27 to declare whether a Patent has been worked or not in India. The structure of the form and details required to be
- [Amendments to Consumer Protection Act- what Brand owners must know!](https://rnaip.com/amendments-to-consumer-protection-act-what-brand-owners-must-know/) - To modernize the law relating to consumer protection and to enlarge the scope of the existing law and make it more effective and purposeful, the Consumer Protection Act 2019 has replaced the old Consumer Protection Act, 1986. The revamping of the Act was much needed as the provisions under the old Act, which is now
- [Foreign Direct Investment (FDI) norms eased to attract Brands](https://rnaip.com/foreign-direct-investment-fdi-norms-eased-to-attract-brands/) - The Indian economy has been witnessing a slow down since beginning of 2019. A mixture of international events and domestic fiscal tightening has lead to slowdown in India that not so long ago regularly featured among the world’s fastest growing economy. The government has taken note of this slowdown and made some bold announcements to
- [Session on “Introduction to Information Technology Act, 2000 & Role of IPR in the Cyber Space](https://rnaip.com/introduction-to-information-technology-act-2000-and-role-of-ipr-in-the-cyber-space/) - Our Partner, Abhishek Nangia on invitation of CIPAM, recently interacted with police officials of Maharashtra Cyber Cell, faculty members and students of Institute of Forensic Science, Mumbai on ‘Introduction to Information Technology Act, 2000 & Role of IPR in the Cyber Space” in Mumbai on 27th August. The session generated active interest, intense discussion and
- [Injunctions: Paradigm shift for India’s innovators](https://rnaip.com/injunctions-paradigm-shift-for-india-innovators/) - The interim or preliminary injunction plays a crucial role in IP cases as the focus of the IP holder is to seek an immediate order to stop the infringing activity so as to protect its market share. For a party seeking preliminary injunction, a three-factor test has been laid down by the courts: 1) to
- [Assessing Modi’s impact on IP landscape](https://rnaip.com/assessing-modi-impact-on-ip-landscape/) - Prime Minister Narendra Modi and his political party Bharatiya Janata Party (BJP), once again won the elections with a clear majority and formed the government in May 2019. This is the party’s second term in a row. Interestingly, during the election campaign, one of the adverts released entitled “Transforming India’s IP Landscape” counted, among others,
- [ASCI guidelines on CELEBRITY ADVERTISING](https://rnaip.com/asci-guidelines-on-celebrity-advertising/) - The price of greatness is responsibility- Winston Churchill Celebrities act as influencers to a common consumer. With a large population of India, living in villages, a celebrity endorsing a product or service, serves as promise of quality and builds instant recognition and credibility. In many cases, the benefits of product or claims made in adverts
- [MRF failed to show that Metro had copied the substance, and the kernel of their advertisement](https://rnaip.com/mrf-failed-to-show-that-metro-had-copied-the-substance-and-the-kernel-of-their-advertisement/) - The role of Advertising in attracting consumer’s attention to a product or business is widely accepted. The companies therefore spend millions in creating product advertisement not only to attract consumer attention but also to differentiate their product from that of the competitors. This post discusses case brought by MRF Limited (MRF) against Metro Tyres (Metro)
- [Court upholds Bata’s right in ‘POWER’ brand, admonishes ‘Red Chief’ camel-in-the-tent approach](https://rnaip.com/court-upholds-bata-right-in-power-brand-admonishes-red-chief-camel-in-the-tent-approach/) - Bata India Limited (Bata) and Leayan Global Pvt. Ltd and others (Leayan)) operating in the footwear industry vie for the mark ‘POWER’ before the Delhi High Court. Interesting issues have come up including a) whether a mark being laudatory, is available as a defence to a party when he himself has applied for its trademark
- [Amazon, Snapeal, Flipkart and other e-commerce platforms stopped from selling Amway products](https://rnaip.com/amazon-snapeal-flipkart-and-other-e-commerce-platforms-stopped-from-selling-amway-products/) - A batch of seven suits with overlapping issues was heard together by the Delhi High Court. The suits were filed by three direct selling entities, M/s Amway India Enterprises Pvt. Ltd (Amway), M/s Modicare Ltd (Modicare) and M/s Oriflame India Pvt. Ltd (Orliflame) against various entities who are either running e-commerce platforms or are sellers
- [High Court applies ‘doctrine of necessity’ on seeing huge pendency at IPAB](https://rnaip.com/high-court-applies-doctrine-of-necessity-on-seeing-huge-pendency-at-ipab/) - A recent writ petition before the Delhi High Court (Mylan Laboratories Limited Vs. Union of India & Ors., W.P.(C) 5571/2019 & C.M. Appln. 24540/2019 & 26833/2019) brought to court’s notice gridlock at Intellectual Property Appellate Board (IPAB) with no cases being heard considering the vacancies of technical member for Patents, Trademarks and Copyrights lying vacant
- [Court holds registered proprietor is not expected to pursue every infringement](https://rnaip.com/court-holds-registered-proprietor-is-not-expected-to-pursue-every-infringement/) - A number of interesting issues have come up in this matter a) whether a registered proprietor can enforce and restrain another proprietor from using its registered mark? b) is a registered proprietor obligated to pursue every party that infringes its mark c) how strong is the trademark search report in support of the contention that
- [Functional shape not enough to prove design is functional](https://rnaip.com/functional-shape-not-enough-to-prove-design-is-functional/) - What constitutes functionality of a Design has been considered by the court in this case. The court in its ruling determined whether constraints of functionality are such that the design in question is the only design which could have been devised. The product in question is a travel pillow and its ergonomic design. Travel Blue
- [Prior use prevails over registration](https://rnaip.com/prior-use-prevails-over-registration/) - The siblings, Gopal Sabu and Rajkumar Sabu (Raj) both working together, at one stage, as Directors of Sabu Trade Private Limited (STPL) are now at loggerheads to assert their rights over the mark SACHA MOTI (Pure Pearl) being used in relation to Sabudana (sago) for human consumption. The battle ground is Madras High Court where
- [World Trademark Review (WTR) has ranked RNA, Technology and IP Attorneys in their Silver Band category for IP protection in India- enforcement and litigation for 2019 edition of the WTR 1000.](https://rnaip.com/wtr-1000-rankings-2019-rna-technology-and-ip-attorneys/) - RNA has won effusive praise for its “commercially focused approach, superb work quality and professionalism”. Our Managing Partner, Ranjan Narula being the star of the show has been commended for his advisory work and has been recognized “Clever and knowledgeable, he pulls off successful enforcement campaigns daily. He does not over-lawyer things; instead he dispenses
- [Graphical User Interface Protection puts Indian Patent Office in a fix!](https://rnaip.com/graphical-user-interface-protection-puts-indian-patent-office-in-a-fix/) - The following note examines the Indian Patent office position on grant of Industrial Design protection to Graphical User Interfaces and analyses a recent decision by the office which indicates that, though, a separate class exists which recognizes protection of such designs, the office is reluctant to register them, taking the view the graphical user interface
- [Court not impressed with Asus finding Zen in mobile phones](https://rnaip.com/court-not-impressed-with-asus-finding-zen-in-mobile-phones/) - Two mobiles companies are at loggerheads over use of ZEN as a brand. Teleecare Network India Pvt. Ltd. (Teleecare) had filed suit for trademark infringement and passing off seeking an injunction against Asus Technology Pvt. Ltd. (Asus) from selling, offering and advertising for sale mobile phones, mobile accessories bearing mark "ZENFONE" and/or any other mark
- [Franchise Agreements](https://rnaip.com/franchise-agreements/) - India - FAQ’s on Franchise Agreements What is ‘Franchising’? Franchising is the process by which an entity (Franchisor) that has developed a particular way of doing business expands the business by giving other existing or would be entrepreneurs (Franchisees) the right to use the Franchisor’s proven business model in another location for a definite period
- [Our lawyers speak at INTA annual conference in Boston, USA- Fair Trade Principles in the IP World](https://rnaip.com/our-lawyers-speak-at-inta-annual-conference-in-boston-usa-fair-trade-principles-in-the-ip-world/) - Session pertained to “CM22 Fair Trade in IP Relations” where panelists discussed how law firms can apply the principles of fair trade to avoid malpractice and foster a positive workplace environment. Elaborating on various aspects of “fair trade” as stated in World Fair Trade Organization (WFTO), Rachna Bakhru, our Partner explained that Dialogue is a
- [Clog in Crocs enforcement strategy for its footwear design](https://rnaip.com/clog-in-crocs-enforcement-strategy-for-its-footwear-design/) - Crocs is embroiled in several disputes with local footwear manufacturers in India (the defendants) to protect its clog design. Separate actions were brought by Crocs based on registered design and passing off to protect its footwear design. The lawsuits based on registered designs were dismissed as the court found no novelty in Crocs’ design based
- [WIPR’s Influential Women in IP 2019](https://rnaip.com/wipr-influential-women-in-ip-2019/) - We are pleased to announce, Ms. Rachna Bakhru, Partner & Head of Dispute Resolution practice has been named as one of WIPR’s Influential Women in IP 2019. This new project by @WorldIPReview celebrates the IP industry’s leading female practitioners from around the world. We are glad that a partner of our firm has been shortlisted
- [India releases new e-commerce policy](https://rnaip.com/india-releases-new-e-commerce-policy/) - Internet penetration and widespread use of handheld devices is fuelling ecommerce in India. With the rise in online purchases of goods and services, complaints about counterfeit goods are also rising. The Department for Promotion of Industry and Internal Trade released a Draft National E-Commerce Policy (hereinafter referred to as the policy) on February 23, 2019
- [Special Bench permits Combining Design Infringement and Passing off action](https://rnaip.com/special-bench-permits-combining-design-infringement-and-passing-off-action/) - 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
- [Indian Patent office rolls out a revised form to file statement of working](https://rnaip.com/indian-patent-office-rolls-out-a-revised-form-to-file-statement-of-working/) - A peculiar requirement under the Indian Patent Act, section146 (1) read with Rule 131 (2), requires every Patent holder to submit before 31st March, a statement on Form 27 whether a Patent has been worked or not in India. The structure of the form and details required to be submitted have been subject of intense
- [Fantasy Sports Capturing Fan passion](https://rnaip.com/fantasy-sports-capturing-fan-passion/) - Fantasy sports (also called esports) has caught the attention of sports fan. This is exemplified by 1.1 billion valuation of Dream11, in the latest round of funding. Dream11 - the Tencent-backed fantasy sports startup is the poster child of India’s fantasy gaming ecosystem. The mass penetration of mobile 4G, and cheap data, has popularized the
- [Our lawyers speak on inclusion and equal opportunity employment](https://rnaip.com/our-lawyers-speak-on-inclusion-and-equal-opportunity-employment/) - Rachna Bakhru was invited to speak at 25th Annual Day of National Thalassemia Welfare Association. The topics covered in discussion were policies of corporate and firms on inclusion and equal opportunity for people with disabilities, legal provisions and practical challenges in enforcement. The attendees included several government officials from Ministry of Health and Welfare and
- [Licensor prevails in a dispute over continued use of the brand name post termination](https://rnaip.com/licensor-prevails-in-a-dispute-over-continued-use-of-the-brand-name-post-termination/) - Can a licensee turnaround and claim rights in a licensed mark when faced with termination of the agreement. The marks in questions are "EURO", "EUROBOND" and EURO device of a globe. The Plaintiff, Euro Panel Products Private Limited (EPPL) filed suit against the Defendants, Eurobond Industries Private Limited (Eurobond) and ors, to restrain the latter
- [Delhi High Court Rules no bar on quantum of export under Bolar Provision](https://rnaip.com/delhi-high-court-rules-no-bar-on-quantum-of-export-under-bolar-provision/) - The scope of “Bolar provision” (under Section 107A of the Indian Patent Act) is bone of contention between two generic companies Natco and Alembic Pharmaceuticals Ltd (Alembic) pitted against Bayer. One of the major issue addressed by this decision is whether a non-patentee can export the patented drug under Section 107 A, taking refuge under
- [World IP Day 2019](https://rnaip.com/world-ip-day-2019/) - Our Managing Partner, Ranjan Narula spoke at the INTA Pre-Annual meeting roundtable organized by Khaitan & Co. in Mumbai on April 26, 2019. The speakers lineup included Sr. Counsel, Dr. Veerendra Tulzapurkar and Adheesh Nargolkar of Khaitan & Co As the roundtable coincided with the WORLD IP DAY and theme this year being IP and
- [Goodwill whether Territorial or Universal](https://rnaip.com/goodwill-whether-territorial-or-universal/) - The instant dispute between two entities in the hospitality industry over the mark INTERCITY for hotels revolves around prior adoption and use; whether use has to be considered in India or international use and adoption can be relied upon to claim superior rights. The Plaintiff, Intercity Hotel GMBH, Germany, (Intercity) has filed the suit before
- [Session on "Trademark infringement and enforcement" at UPES University, Dehradun](https://rnaip.com/trademark-infringement-and-enforcement/) - Our Partner, Abhishek Nangia on invitation of UPES University, Dehradun interacted with law school students and faculty teachers on recent trends in ‘Trademark infringement and enforcement” on 12th April. The session generated active interest, deep discussions and questions from enthusiastic audience. It also gave us insight into how generation Z think and interacts with brands.
- [TrustLaw Awards 2019](https://rnaip.com/trust-law-awards-2019/) - We are delighted to share that our firm has been nominated for the ninth annual TrustLaw Awards 2019 for our contribution on the project “Using Solar Power Energy to Refrigerate Vaccines” developed by Institute for Transformative Technologies Foundation. The TrustLaw Innovation Award recognises projects that feature not only a new and exciting idea or enterprise,
- [Ranjan Narula- INTA’s newest board member](https://rnaip.com/inta-newest-board-member/) - We are proud to say that Ranjan Narula, Managing Partner is now a part of the INTA’s newest board members. Ranjan hopes to bring his “perspective on the cultural and emerging market issues that could be quite different to more developed economies”. With his presence on the board, Ranjan believes he can help INTA members
- [Tech and IP: Turning ideas into impact - A Perspective on Technology Transfer, IP Commercialization, IP Valuation and Industry Academia Collaboration](https://rnaip.com/tech-and-ip-turning-ideas-into-impact/) - Our Partner, Rachna Bakhru was recently part of Panel Discussion at the conference- Tech and IP: Turning ideas into impact - A Perspective on Technology Transfer, IP Commercialization, IP Valuation and Industry Academia Collaboration". The conference was organized by UKIPO (Intellectual Property Office of the United Kingdom) at The Lalit Hotel, Hall Regal, New Delhi.
- [2019 ITechLaw International Asia Conference Bangalore, India](https://rnaip.com/2019-itechlaw-international-asia-conference-bangalore-india/) - Our Partner, Ms. Rachna Bakhru attended 2019 ITechLaw International Asia Conference Bangalore, India. The event covered several technology based topics (Tech policies) like Intermediary Liability in the age of Fake News, Hate Speech and Information Wars, Data and privacy, Change in IP landscape in e-Commerce and impact on intermediaries, Data Sovergnity, Artificial Intelligence, etc. The
- [RNA supported IPBC India 2019 event at JW Marriott Hotel, Bengaluru](https://rnaip.com/rna-supported-ipbc-india-2019-event-at-jw-marriott-hotel-bengaluru/) - RNA supported IPBC India 2019 event at JW Marriott Hotel, Bengaluru. The event was attended by Our Managing Partner, Ranjan Narula and Managing Associate, Suvarna Pandey. This event attracted an exceptional industry-led audience of senior executives from major IP owning regional and international corporates and key figures from the research and governmental communities. Ranjan Narula
- [The digital revolution and the future of India’s financial service brands](https://rnaip.com/the-digital-revolution-and-the-future-of-india-financial-service-brands/) - 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,
- [Court holds owner of Trademarks are not expected to pursue every Infringer](https://rnaip.com/court-holds-owner-of-trademarks-are-not-expected-to-pursue-every-infringer/) - 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
- [Supreme Court sets aside order in Monsanto case](https://rnaip.com/supreme-court-sets-aside-order-in-monsanto-case/) - 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
- [Beauty may be ‘heavenly’ but not justifies use of ‘Miss Heaven’](https://rnaip.com/beauty-may-be-heavenly-but-not-justifies-use-of-miss-heaven/) - 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,
- [Bombay High Court imposes Rs 25,00,000 (US $ 35,000) fine for obstructing court receiver and making false allegations](https://rnaip.com/bombay-high-court-imposes-rs-2500000-fine/) - The fine of approx Us $ 35,000 was imposed in a copyright infringement case where the Defendant tried to remove the infringing goods after obstructing the Court receiver from carrying out inspection of the premises. The Defendant also threatened the Plaintiff and receiver with molestation charges. The court came down quite heavily on the defendant
- [Court holds “Orchid” for education services is distinctive](https://rnaip.com/court-holds-orchid-for-education-services-is-distinctive/) - 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
- [Legal Era Intellectual Property Awards-2019](https://rnaip.com/legal-era-intellectual-property-awards-2019/) - Rachna Bakhru, Partner was recently recognized as ‘Women Star in IP’ by Legal Era. She was awarded at a glittering award ceremony held in Mumbai- Legal Era Intellectual Property Awards-2019. RNA congratulates her !!! We are extremely proud to have her on our leadership team.
- [Country Guides 2018 Update Live!](https://rnaip.com/country-guides-2018-update-live/) - INTA’s country guides are a useful resource that many of the experienced practitioners contribute to make it happen. The 2018 guide is now live and can be accessed at Country Guides 2018 Update. It is a very useful searchable database of practical information on trademark filing, prosecution, registration, maintenance and enforcement in a number of
- [Our lawyers speak on “IP Crimes in Digital Space” to Police Academies in Punjab, Himachal and Meghalaya!](https://rnaip.com/ip-crimes-in-digital-space/) - When and Where: November 28-29, 2018 at Punjab Police Academy, Phillaur December 11-13, 2018 at Himachal Pradesh Police Academy, Daroh December 17-19, 2018 at North Eastern Police Academy, Shillong Our Partner, Ms. Rachna Bakhru and Associate Partner, Mr. Daleep Kumar delivered presentations at IPR workshops held for Police officials in Punjab, Himachal Pradesh and Meghalaya.
- [India - 10 Key IP cases and developments of 2018](https://rnaip.com/india-10-key-ip-cases-and-developments-of-2018/) - 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
- [Intermediaries Beware!](https://rnaip.com/intermediaries-beware/) - 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
- [IPO proposes Rule changes in Patent Act](https://rnaip.com/ipo-proposes-rule-changes-in-patent-act/) - 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
- [The India-UK Future Tech Festival](https://rnaip.com/the-india-uk-future-tech-festival/) - When December 11 and 12, 2018 Where The Imperial Hotel, New Delhi Suvarna Pandey, from our Patent team attended India-UK Future Tech Festival held in New Delhi. The event was one of the initiative under the India-UK Technology Partnership, covering discussions on topics like AI/ Data, India UK Tech Hubs, Cluster Partnerships, Future Healthcare,
- [2018 Asia-Pacific Conference “Looking Beyond Trademarks” organised by INTA](https://rnaip.com/2018-asia-pacific-conference-looking-beyond-trademarks-organised-by-inta/) - When October 11 and 12, 2018 Where Hyatt Regency, Sydney, Australia Rajiv Suri, Partner and Ajay Kumar, Managing Associate attended 2018 Asia-Pacific Conference “Looking Beyond Trademarks” held in Australia. The conference was attended by representatives and attendees from several international law firms and corporate houses which had commercial interest in the region. Many
- [Challenges of Protecting Database as confidential Information](https://rnaip.com/challenges-of-protecting-database-as-confidential-information/) - In a hard hitting judgement, the Delhi High Court dismissed the case of a logistics company (Navigators Logistics Ltd) that sought to restraint its ex employees and an independent contractor working in logistics sector from using confidential data, customer database, accounts information, airway drawings, airway bills templates, plans, reports, taxes and other financial information. The
- [Mankind Pharma fails to stop Mercykind](https://rnaip.com/mankind-pharma-fails-to-stop-mercykind/) - ‘Mankind’ and ‘Mercykind’ two words which in common parlance relate to humanity and forgiveness was the bone of contention in an action before the Delhi High Court between two pharmaceutical entities operating under the Mercykind and Mankind tradename. Mankind Pharma Ltd (Mankind) filed suit against Mercykind Pharmaceuticals Pvt. Ltd (Mercykind) alleging trademark infringement and passing
- [2018 IPO Annual Meeting](https://rnaip.com/2018-ipo-annual-meeting/) - When 23-25 September, 2018 Where Hyatt Regency Hotel, Chicago, USA Ranjan Narula, Managing Partner and Daleep Kumar, Associate Partner attended 2018 IPO Annual Meeting held in Chicago. The attendees included several legal practitioners from international law firms and corporate houses. Along with networking platform and concurrent committee meetings, many stimulating sessions
- [RNA is proud to receive an award for “Asia IP Trademark Law Firm of the year 2018”](https://rnaip.com/asia-ip-trademark-law-firm-of-the-year-2018/) - Thanks to our clients and friends for their support. We are proud recipient of “Asia IP Trademark Law Firm of the year 2018” award. The award event this year was held in New Delhi to coincide with Asian Patent Attorney conference (APAA).
- [Customs Training Workshop](https://rnaip.com/customs-training-workshop/) - When November 16, 2018 Where Office of the Commissioner of Customs, Kolkata Our Partner, Rahul Sethi have been regularly carrying out customs training workshop at various ports across West Bengal and North Eastern states with an objective to train customs officers in identification of counterfeit goods of rights holder. After custom trainings workshops at
- [INTA announced its new board of Directors at the leadership meeting in New Orleans.](https://rnaip.com/inta-announced-its-new-board-of-directors-at-the-leadership-meeting-in-new-orleans/) - We are pleased that our managing partner, Ranjan Narula is nominated for the term starting 1st January, 2019. https://www.inta.org/INTABulletin/Pages/NominationsforINTAsBoardofDirectorsOfficersandCounsel7318.aspx
- [How India is helping brands combat counterfeiting](https://rnaip.com/how-india-is-helping-brands-combat-counterfeiting/) - India is removing policy barriers to attract investment, while policy initiatives designed to improve IP rights enforcement look set to yield results. However, the availability of infringing, counterfeit and lookalike products is also on the rise. To encourage IP rights holders to invest in the manufacture and distribution of their products in India, the government
- [Courts not to play role of a Technical expert](https://rnaip.com/courts-not-to-play-role-of-a-technical-expert/) - The Madras high Court in an Appeal from order of Intellectual Property Appellate Board (IPAB) opined the need and importance of the technical expert/ scientific advisor opinion in the patent disputes. Although, Section 115 of the Indian Patent Act provides for appointment of scientific advisor to assist the courts in providing opinion on technical aspect
- [Amway obtains 'John Doe' order to curb unauthorised sale](https://rnaip.com/amway-obtains-john-doe-order-to-curb-unauthorised-sale/) - Recently, Amway Corporation (now known as Alticor Inc.) a direct selling company operating in consumer healthcare space obtained “John Doe” order from the Delhi High Court against the shopkeepers/stockist who were selling Alticor products through illegitimate and unauthorized channels. Alticor argued that they are a direct selling entity and in full compliance with the guidelines
- [Insecticides India emerges victorious in battle over “VICTOR”](https://rnaip.com/insecticides-india-emerges-victorious-in-battle-over-victor/) - Whether a statement made before the Trademark Registry in response to an examination report will act as an estoppel in a passing off action was the primary question in the instant suit. The Plaintiff, Insecticides (India) Limited (IIL) on the basis of its rights in the marks VICTOR and VICTOR formative marks in respect of
- [Fair and Lovely or Handsome Men!](https://rnaip.com/fair-and-lovely-or-handsome-men/) - Hindustan Unilever Limited (HUL) and Emami Limited (Emami) are locked in a battle to control market share over fairness cream for men. HUL’s product is marketed under the brand name “Men’s Fair & Lovely” and Emami’s under the name "FAIR AND HANDSOME". The bone of contention is the advertisement in Hindi published by HUL pertaining
- [H&M obtains injunction against clone](https://rnaip.com/hm-obtains-injunction-against-clone/) - Hennes & Mauritz AB (H&M), the famous clothing and accessories company was embroiled in a mega trademark dispute with HM Megabrands (Megabrands) before the Delhi High Court. The parties had a cross litigation in Bombay and Delhi courts. Megabrands brought groundless threat proceedings in Bombay and H&M filed a suit for trademark infringement and passing
- [Safeguarding dynamic marks and slogans in India](https://rnaip.com/safeguarding-dynamic-marks-and-slogans-in-india/) - Fluid trademarks and slogans are excellent marketing tools as they engage customers and improve sales, but their enforceability remains challenging. Brands help businesses to create unique names and images for their products and services in consumers’ minds. The stronger the brand, the better its reach in attracting potential customers and retaining loyal ones. With the
- [Indian Government invites comments to regulate e-pharmacies](https://rnaip.com/indian-government-invites-comments-to-regulate-e-pharmacies/) - The online pharmacy business is currently estimated to be worth Rupees 3000 crores (approx US $ 400 million) and sales are growing 100 per cent every year. E-pharmacies have been lobbying with the government to acknowledge online pharmacy sector and create structured framework for conducting business. The Indian Government through Ministry of Health and Family Welfare notified
- [Court frowns upon practice of blow hot and cold](https://rnaip.com/court-frowns-upon-practice-of-blow-hot-and-cold/) - Can you question novelty of design as a defence to infringement action? What is the impact of defendant seeking registration of a design and later claiming it lacks novelty? These among other issues were subject of dispute between two helmet manufacturers both claiming registration for their respective designs. The Plaintiff, Vega Auto Accessories (P) Ltd
- [Prior use saves the day for Sun](https://rnaip.com/prior-use-saves-the-day-for-sun/) - This post discusses the tussle between two well established pharmaceutical companies in relation to trademark being used on a diabetic drug. The Plaintiff, Sun Pharma Laboratories Ltd, (Sun) filed the action before the Delhi High Court against Lupin Limited (Lupin) and another alleging trademark infringement, passing off, etc. Sun filed the suit to safeguard its
- [SEP holders rejoice over Delhi High Court Ruling](https://rnaip.com/sep-holders-rejoice-over-delhi-high-court-ruling/) - The Delhi High Court’s recent decision determining infringement of the Patent owned by Philips that were declared as Standard-Essential Patent (SEP) by European Patent office and US. Thus axiomatically an essential Patent in India has been widely welcomed by other SEP holders. The suit concerned DVD video player technology over which Philips has claimed Patent.
- [Use of family name held to be non-infringing "fair use"](https://rnaip.com/use-of-family-name-held-to-be-non-infringing-fair-use/) - The parties are at loggerheads over use of family name PATIL in relation to fragrance business. The first round of litigation was before the District court, Bengalaru and the parties have now approached Karnataka High Court (at Bengaluru) in appeal. The appeal has been preferred by Somashekar P. Patil (Som) aggrieved by exparte injunction being
- [RNA is proud to receive an award for “IP Excellence in INDIA 2018” from Questel Orbit INC](https://rnaip.com/ip-excellence-in-india-2018/) - We are proud to receive an award for “IP Excellence in INDIA 2018” from Questel Orbit INC. USA recognizing firm’s Intellectual Property Practice while our managing partner being awarded as “IP Gems of India 2018” at a ceremony held at Le Meridian, Gurgaon on July 3rd 2018.
- [India promises market potential but challenges remain for luxury brands](https://rnaip.com/india-promises-market-potential-but-challenges-remain-for-luxury-brands/) - While luxury brands are increasingly entering the Indian market, proving India’s potential as a destination for luxury products, they face some formidable challenges, including high import duties, lack of quality retails space and the ever-present threat of counterfeiting In the past decade, Indian consumer purchasing power and appetite for luxury products has surged. The number
- [Whimsicality of Design Protectable](https://rnaip.com/whimsicality-of-design-protectable/) - The parties are squabbling over design rights in metal tube primarily used in air-conditioners. The design infringement and passing off claim is brought by Mandev Tubes Private Limited (MTPL) against Mr Kalpesh Jain (KJ) for using metal/copper tube with identical design. The single judge of Bombay High Court on hearing the parties granted an injunction
- [Christian Louboutin red sole failed to qualify as a Trademark!](https://rnaip.com/christian-louboutin-red-sole-failed-to-qualify-as-a-trademark/) - While Christian Louboutin had a favourable decision from European Court of Justice (ECJ), in similar circumstances, the High Court of Delhi dismissed its claim of exclusivity in the red colour for shoe sole on the ground that a single colour cannot be granted protection as a trademark. The ruling came in the context of a
- [No Exclusivity in Abbreviated Form of Descriptive Words](https://rnaip.com/no-exclusivity-in-abbreviated-form-of-descriptive-words/) - VAC-PAC derived from the words Vacuum Packaging or Vacuum Pack was bone of contention between the parties dealing in welding electrodes. The Plaintiff, SuperonSchweisstechnik India Limited (Superon) filed a passing off action against the Defendant, Modi Hitech India Ltd (MHIL) seeking reliefs of injunction, delivery up, rendition of accounts and damages for use of the
- [What’s your preference Blacksmith or Goldsmith?](https://rnaip.com/whats-your-preference-blacksmith-or-goldsmith/) - Can Goldsmith be confused for Blacksmith? The issue came up before the court in the context of a trademark infringement and passing off action brought by Jaideep Mohan (JM) against HUB International Industries (HUB). JM on the basis of its registered trademark BLACKSMITH for alcoholic beverages sought restraint order against HUB’s GOLDSMITH. JM’s case: They
- [Controller frowns upon parties for failure to disclose](https://rnaip.com/controller-frowns-upon-parties-for-failure-to-disclose/) - In a recently decided post grant opposition filed by M/s GuanGXI LIUGONG MACHINERY CO. LTD against, J.C. Bamford Excavators Ltd.’s (herein after called JCB) patent (no. 251037) relating to an excavating and loading machine, the Controller of Patents revoked the Patent for failure on part of the Patentee to timely provide the details of corresponding
- [Indian IP Office Annual Report 2017 - Calls for Celebration!](https://rnaip.com/indian-ip-office-annual-report-2017-calls-for-celebration/) - The Office of the Controller General of Patents, Designs, Trademarks and Geographical Indications (Patent and Trademark Office) issued annual report for the year 2016-2017 analysing how the office has performed and listing out important achievement. The report is not only content reach but also aesthetically attractive compared to the reports of earlier years. Further, it
- [RNA wishes all INTA annual meeting attendees fun and productive time in Seattle.](https://rnaip.com/rna-wishes-all-inta-annual-meeting-attendees-fun-and-productive-time-in-seattle/) - Details of our team and holistic brand management services can be found here. Here are some fun things you can do in Seattle while you run around attending countless meetings and networking events.
- [Our partners speak at conference organized by Corporate Council Association of India](https://rnaip.com/our-partners-speak-at-conference-organized-by-corporate-council-association-of-india/) - When April 29, 2018 Where CCAI conference Krabi, Thailand Panel discussions included Challenges of digitalization with reference to Cyber Frauds, Blockchain, data protection and privacy issues. Rachna Bakhru, Partner moderated a panel titled Challenges of Digitalization: Cyber Frauds, Blockchain, Data Protection & Privacy issues at CCAI’s 3rd India International Legal Conclave, supported by
- [The rise of licensing in India](https://rnaip.com/the-rise-of-licensing-in-india/) - Advancements in technology and expanding marketplaces have been key to successful licensing programmes in India over recent years. Local trademark owners and licensees should now follow in the footsteps of international brands and adopt licensing as a core revenue stream Over the past 10 years, brand consciousness has grown significantly in India, with companies using
- [Protecting trade secrets in India](https://rnaip.com/protecting-trade-secrets-in-india/) - With recent advances in technology, as well as the ease of sharing, copying and storing information in the digital world, one of the biggest challenges that businesses face is the protection of their confidential business information. This information can include business strategies, proposals, client databases and information, compilations, designs, programmes, drawings, devices, formulae or compositions.
- [MakeMyTrip accused of stifling competition; injunction in its favour set aside](https://rnaip.com/makemytrip-accused-of-stifling-competition-injunction-in-its-favour-set-aside/) - In Makemytrip (India) Private Limited v Orbit Corporate Leisure Travels (I) Private Limited, a travel company, MakeMyTrip (India) Private Limited, sought to restrain use of the mark GETMYTRIP on the basis of its registered rights in the mark MAKEMYTRIP. At the time of admission of the suit, an ex parte interiminjunction was granted by the
- [RNA is proud to receive Excellence Award by Thomson Reuters Foundation](https://rnaip.com/rna-is-proud-to-receive-excellence-award-by-thomson-reuters-foundation/) - It was a great honour for the entire team at RNA to have been recognized by “TrustLaw” a Thomson Reuters Foundation for supporting a number of NGOs in protecting their Intellectual Property rights in India. At an event hosted by the Thomson Reuters Foundation in New Delhi on 10th April, 2018, Rachna Bakhru, Suvarna Pandey
- [Our lawyers speak to students at the Indian Law Institute, Delhi](https://rnaip.com/our-lawyers-speak-to-students-at-the-indian-law-institute-delhi/) - RNA was invited by Indian Law Institute (ILI) to share their IP knowledge with post graduate students and faculty members at the workshop titled Intellectual Property: Procedure and Practice. Students from various law colleges as well as ILI attended the sessions and were curious to understand various facets of IP law. The workshop was a
- [Changing Landscape - Territoriality vs. Universality](https://rnaip.com/changing-landscape-territoriality-vs-universality/) - Introduction In the context of trademarks, it has often been debated, if a brand name is territorial with reputation restricted to the country where it is registered and used or the reputation can spill over into the territory outside of its use. The question becomes pertinent considering social media and digital applications have made it
- [Top tips for trademark registration](https://rnaip.com/top-tips-for-trademark-registration/) - The Trademarks Registry has implemented various changes to enhance the trademark filing system in India. An efficient registration strategy should help rights holders to reap the benefits of these updates Until recently, the Indian Trademarks Registry often featured in the news for the wrong reasons, coming under fire for the slow progress of cases, loss
- [A guide to protecting geographical indications in India](https://rnaip.com/a-guide-to-protecting-geographical-indications-in-india/) - Geographical Indications (GI) constitute an important category of intellectual property (IP) law and are of particular significance to some countries. Most commonly, a GI includes the name of the place of origin of the goods e.g. Ceylon tea (from Sri Lanka), Champagne (sparkling wine for France), Havana cigars (tobacco from Havana), Bukhara (carpets from Uzbekistan).
- [Intermediaries ill-equipped to determine infringements](https://rnaip.com/intermediaries-ill-equipped-to-determine-infringements/) - As e-commerce is slowly but steadily gaining ground and more consumers are going on-line for purchasing not only their daily needs but also home appliances and electronic products. In the current scenario, the IP owners are increasingly concerned with widespread availability of counterfeit and look-alike products on e-commerce platform. While IP owners would like that
- [No Novelty in crocs clog shoe Design](https://rnaip.com/no-novelty-in-crocs-clog-shoe-design/) - M/s Crocs Inc. (Crocs) brought Design Infringement action against seven local manufacturers, M/s Liberty Shoes Ltd, M/s Relaxo Footwear & Anr. Ltd., Bioworld Merchandising India Ltd., M/s Bata India Ltd & Ors., M/s Action Shoes Pvt. Ltd. & Ors., Aqualite India Limited & Anr., Kidz Palace & Ors., for copying their design registered under nos.
- [Registering Brands](https://rnaip.com/registering-brands/) - India - FAQ’s on registering your brands What are the different kinds of mark that can be registered as trade marks under the Indian Trade Marks Act? Word marks, logos, slogans, signatures, names, devices, labels, numeral(s) and/or any combination of these Combinations of colours Shape of goods 3-dimensional marks Sound marks Smell marks (None have
- [Registering IP - Bangladesh](https://rnaip.com/bangladesh-faqs-on-registering-your-brands/) - What are the different kinds of mark that can be registered as trade-marks under the Trade Marks Act, 2009? Word marks, logos, signatures, names, devices, labels, ticket, letter, symbol, numeral(s) and/or any Combination of these Combinations of colors Is registration of a trade mark essential? Registration, though not essential, is advisable as it is prima
- [India Patent FAQ](https://rnaip.com/frequently-asked-questions-on-patents/) - What information/documents are required for filing a patent application in India? The following: title of the invention; complete specification describing the invention with at least one ‘claim’ (for filing a non-provisional application); drawings (if necessary in order to understand the invention) and statement of claims; certified priority documents (if priority is claimed),in the original language,
- [Criminal Enforcement](https://rnaip.com/india-faqs-on-criminal-enforcement-procedure-raids-through-police/) - A complaint is filed with the Crime Branch of Police supported with copies of our registration certificates and further evidence in support of goodwill and reputation of our mark. Generally the complaint is filed against unknown persons infringing/counterfeiting the goods/mark, to avoid any leakage by the police. How long criminal prosecution takes? Generally police takes
- [Design Registrations](https://rnaip.com/india-faq-on-registering-designs/) - What is protectable under Indian Design Act? A design protection is provided for new or original features of shape, configuration pattern, ornamentation or composition of lines or colours as applied to an article. It is to be judged solely by appeal to the eye. Can a priority be claimed based on an application outside India?
- [The working of a “working statement”](https://rnaip.com/the-working-of-a-working-statement/) - In our previous post, we had reported a dramatic development in a public interest petition pending before the Delhi High Court, bringing to the court’s attention that working statements required to be filed by the Patentees and licensees (every year on or before 31st March) are either not being filed or complete information is not
- [The perils of adopting and enforcing a generic mark](https://rnaip.com/the-perils-of-adopting-and-enforcing-a-generic-mark/) - The Delhi High Court by its recent order set aside an ex-parte injunction that it granted seven years back and which continued until the matter was set down for arguments. The Court order has once again stressed the inherent difficulties in enforcing a generic mark. The Court was adjudicating an injunction application filed by the
- [A Brand New Day - Preparing for the Present & Future of Trademarks Sponsored by RNA](https://rnaip.com/a-brand-new-day-preparing-for-the-present-future-of-trademarks-sponsored-by-rna/) - RNA cordially invites you to attend panel discussion on Social, cultural and technology impact on Brands and Advertising. The half day workshop is being orgainsed by International Trademark Association (INTA) and RNA is supporting the event with our managing partner, Ranjan Narula moderating one of the session When 14 March 2018 Where The LaLiT (Hotel) New
- [Delay in filing action cuts at the root of the case](https://rnaip.com/delay-in-filing-action-cuts-at-the-root-of-the-case/) - The Delhi High Court while considering an injunction application highlighted the importance of initiating timely action when safeguarding one's rights. The Plaintiff, MEX Switchgears Pvt. Ltd (MEX) filed the suit against the Defendants, Omex Cables Industries and Ors alleging trademark infringement, passing off, damages etc. MEX filed the suit to safeguard its rights in the
- [Supreme Court intervenes to expedite disposal of IPR Cases](https://rnaip.com/supreme-court-intervenes-to-expedite-disposal-of-ipr-cases/) - In an interesting development arising out of a Special Leave Petition (C) No. 18892 of 2017, challenging the interim order of the High Court of Delhi dated March 10, 2017 passed in AZ Tech (India) & Anr. v. Intex Technologies (India) Ltd. & Anr. (FAO (OS) No. 1/2017), the SC expressed its surprise over the
- [Patent office takes one more step towards being transparent and user friendly](https://rnaip.com/patent-office-takes-one-more-step-towards-being-transparent-and-user-friendly/) - The Indian Patent Office will now publish in the weekly journal information about list of patent applications for which First Examination Report (FER) has been issued. Though, there has been no official notification issued however, the journals issued from 13th October bear information about list of applications for which FERs have been issued. The information
- [Digital information at your disposal](https://rnaip.com/digital-information-at-your-disposal/) - In this edition of our newsletter, we have two news pieces to share with our readers in the Copyright sphere in India. 1) With a view to advance and apply "Digital India" campaign to copyright, the Copyright office, as per its notice dated August 31, 2017, has decided to publish on its website http://copyright.gov.in the following information
- [CG notice regarding  Increase in the Trade Mark Application fees](https://rnaip.com/cg-notice-regarding-increase-in-the-trade-mark-application-fees/) - In an unexpected development, the Trademarks Office has decided to increase the official fees for new application/s and fee for expedited examination request with effect from August 1, 2014. The Controller General of Patents, Designs and Trade Marks (“CG”) has issued a notice requesting the Applicants/Attorneys/Proprietors to pay the balance fees before September 30, 2014.The
- [IP Appellate Board embraces Digital India Initiative](https://rnaip.com/tax-centric-interpretation-of-intellectual-property/) - In an interesting case involving transfer of Intellectual property between two entities located outside India where the trademarks were owned by an Australian company but used in India, the Delhi High court in an Appeal from Authority of Advance Ruling (AAR) has held that such transaction is not taxable in India. Facts of the case
- [Trade Marks Registry issues guidelines to file application for declaration of a trademark as "well-known"](https://rnaip.com/trade-marks-registry-issues-guidelines-to-file-application-for-declaration-of-a-trademark-as-well-known/) - While the Trade Marks Registry has since 2003 published a list of "well-known" marks on its website based on court decisions declaring a mark to be "famous" or "well known", the Trade Marks Act, 1999 ("the Act") had no specific provision to seek a formal declaration regarding the well-known status of a mark. To address this concern
- [IPAB lays down roadmap to clear backlog](https://rnaip.com/ipab-lays-down-roadmap-to-clear-backlog/) - The new chairman of IPAB Mr. Justice Manmohan Singh (retired) has energized its functioning soon after he assumed charge on 2nd January, 2018. Between 18th to 25th January, 2018 over 200 cases were listed in Delhi and dates for final arguments/ disposal set down. In fact, a number of cancellation/ rectification petitions where the parties
- [Tug of war between real estate companies over 'Lotus'](https://rnaip.com/tug-of-war-between-real-estate-companies-over-lotus/) - The dispute between the parties who are in real estate business revolves around the use of the word 'Lotus'. The Plaintiff, Lotus Green LLP, (Lotus Green) filed the suit before the Delhi High Court to restrain the Defendant, Renowned Buildtech Private Limited (RBPL) from using the mark "Lotus" in relation to their business and obtained
- [Patent holders caught by surprise-Licenses / Sub-licenses must be disclosed!!](https://rnaip.com/patent-holders-caught-by-surprise-licenses-sub-licenses-must-be-disclosed/) - As per the Indian Patent Act and Rules (Section 146 and Rule 131) every year Patentee/licensee is required to furnish details of the "extent of working" of the patented Invention. This has been subject of intense debate considering the patent holders have reservation in providing such 'business/commercially' sensitive information which is accessible publically through patent
- [Bangalore's real Adiga](https://rnaip.com/bangalores-real-adiga/) - Adiga, family name that originated from coastal belt of Karnataka was subject matter of dispute between parties in food business. The current post discusses an appeal filed by Adiga Sweets (AS) before the Karnataka High Court against the judgement of the Additional City Civil Judge, Bengaluru City. The City Civil Court had after trial granted
- [Patent granted to Chocolate Flavour Tea](https://rnaip.com/patent-granted-to-chocolate-flavour-tea/) - The current post draws its reference from a pre-grant opposition filed by FEDERATION OF ALL INDIA TEA TRADERS ASSOCIATION (FAIITTA) to a patent application bearing no. 3293/CHE/2011 titled "Process for preparing fresh Tea with chocolate flavour". The Invention in summary relates to process for preparing fresh tea having chocolate flavour. According to applicant's reply to
- [The new mantra "Sell in India" to protect your brand](https://rnaip.com/the-new-mantra-sell-in-india-to-protect-your-brand/) - In the intensely fought litigation between the parties involving use of identical PRIUS mark/name, Supreme Court fired the final salvo on 14th December 2017 by holding that it is necessary to establish local goodwill and reputation of the trade mark to sustain an action for passing off. The court affirmed the decision of two judge
- [The coveted status of "well known mark" eludes SAMSUNG](https://rnaip.com/the-coveted-status-of-well-known-mark-eludes-samsung/) - Recently, two different judges of the Delhi High Court while being asked to consider prayer for declaration of a mark as well known took completely different stand. The marks involved were: SAMSUNG and its oval shape device Christian Louboutin's 'RED SOLE' for shoes The proprietors of above-mentioned trademarks sought relief to declare their trademarks as well-known
- [Chill Barbie - freedom of speech and expression is sacrosanct](https://rnaip.com/chill-barbie-freedom-of-speech-and-expression-is-sacrosanct/) - In an interesting dispute, Mattel, Inc., owner of the brand name BARBIE sought to seek an injunction for use of the mark BARBIE being used in a song of a movie Tera Intezaar. It was alleged by Mattel that the title and lyrics of the song used its registered and well known trademark “BARBIE” without
- [Sue and Settle–no Damages please!](https://rnaip.com/sue-and-settle-no-damages-please/) - Quite often than not, IP cases result in settlement soon after injunction application is decided. In many cases an exparte interim injunction coupled with search and seizure (through local Commissioner) at the manufacturing unit of the infringing party results in sufficient pressure on the party to negotiate settlement. As a part of settlement, the Defendant
- ['SWAD' (taste) for Rice not as tasty when it comes to enforcement](https://rnaip.com/swad-taste-for-rice-not-as-tasty-when-it-comes-to-enforcement/) - This post highlights challenges in enforcing descriptive marks. The marketers are of course more in favour of adopting descriptive marks given the consumer appeal and brand recall. On the other hand IP legal team would recommend staying away from descriptive words to be used as brands. The Court in this case was considering an injunction
- [Court rejects 'Turky' is a geographical name](https://rnaip.com/court-rejects-turky-is-a-geographical-name/) - All Well Formulations (AWF), the defendant, aggrieved by the injunction order passed against them by the Additional City Civil and Sessions Judge, Bengaluru City, has filed the appeal before the Karnataka High Court. The Plaintiff Swati & Co (Swati) filed the action against AWF for infringement of trademark, design, passing off, etc. The High Court
- [Territorial jurisdiction in the new interconnected world](https://rnaip.com/territorial-jurisdiction-in-the-new-interconnected-world/) - The interesting issue in this case was whether the Plaintiff can invoke territorial jurisdiction of Delhi High court considering the Defendants were based in United Arab Emirates offering for sale their goods and services through App Store, Google Play Store and e-commerce portals such as www.amazon.in. The case concerns use of the mark ifit/IFIT on fitness
- [Prior use becomes "Turning Point" and prevails over registration](https://rnaip.com/pinch-of-salt-cannot-be-confused-with-pinch-of-spice/) - The parties engaged in imparting educational and training services vie for rights in the mark "TP Turning Point". The Plaintiff, Turning Point Institute Private Limited (TPIPL) filed the action before the Delhi High Court alleging passing off, damages, etc, against the Defendants, Turning Point (TP) for using an identical mark/name in relation to identical services,
- [Columbia Sportswear held guilty for suppression of facts](https://rnaip.com/columbia-sportswear-held-guilty-for-suppression-of-facts/) - The Delhi High Court recently set aside the interim injunction granted in favour of Columbia Sportswear Company (Columbia Sportswear) and allowed Galaxy Footwear Pvt. Ltd. (Galaxy) to use COLUMBIA mark for footwear. The court in its ruling appears to have taken a narrow view of global reputation of COLUMBIA brand and spill over of reputation
- [Bollywood Filmmakers clash over title that means My Best Friend's Wedding](https://rnaip.com/bollywood-filmmakers-clash-over-title-that-means-my-best-friends-wedding/) - Bombay High Court recently ruled in a dispute concerning rights over the title of the Plaintiff's film Veere Di Wedding which in English is stated to mean "My best friend's wedding" which was alleged to be deceptively similar to the Defendant's film title Veere Ki Wedding. The competing titles do convey the same meaning and
- [Lively Debate on Bolar Provisions at the Delhi High Court](https://rnaip.com/lively-debate-on-bolar-provisions-at-the-delhi-high-court/) - Bolar Provision provided under Section 107 A of the Indian Patent Act was subject of next round of litigation between Natco and Bayer over Sorafenib (marketed as Nexavar). Natco already holds compulsory license for manufacturing generic version of Sorafenib. Please see our earlier post here and here on compulsory license decision. As is widely acknowledged, the provisions under section
- [Taj Mahal Palace Hotel Trademarked](https://rnaip.com/taj-mahal-palace-hotel-trademarked/) - The Indian Trade Marks Registry recently granted trademark registration for image of the iconic 114-years-old building of 'Taj Mahal Palace' hotel in Mumbai, thereby making it the first in the country to secure such trademark registration as depicted below: The story that was widely covered in main stream media with suggestions being made that henceforth
- [Auroville knocks Chennai High Court to protect its name](https://rnaip.com/auroville-knocks-chennai-high-court-to-protect-its-name/) - Auroville Foundation (Auroville) established in 1991 has brought a suit for passing off against Ramaniyam Real Estates Private Limited (Ramaniyam) to stop them from using the name “AUROVALLIE” in relation to real estate project or services in any manner. Auroville in the suit contends: Auroville Foundation is an administrative body of international cultural township, Auroville
- [Bombay High Court frowns upon copycat container](https://rnaip.com/bombay-high-court-frowns-upon-copycat-container/) - The container design was subject of design infringement and passing off dispute between two Bombay based manufacturer of plastic containers. The question before the Bombay High Court was whether the Defendant's (Om Plast) product infringes the 1st Plaintiff (Selvel Industries) registered design. The designs of the plaintiff and defendant's product can be seen below. Selvel has
- [Carlsberg bottle design not so novel](https://rnaip.com/carlsberg-bottle-design-not-so-novel/) - The Delhi High Court has recently ruled in a case brought by Carlsberg Breweries A/S against Som Distilleries and Breweries alleging design and trademark infringement, and passing off. Carlsberg’s claim was based on: • the unique and distinctive bottle and trade dress/get-up of its Tuborg beer bottle registered under the Designs Act 2000; • an
- [‘Curry Haus’ shutdown over objection from ‘Asian Haus’ and ‘Sushi Haus’](https://rnaip.com/curry-haus-shutdown-over-objection-from-asian-haus-and-sushi-haus/) - The use of the word “HAUS” was the essence of dispute between two entities in food catering business. The Plaintiff, Foodcraft India Private Limited (Foodcraft) filed passing off action before the Delhi High Court against the Defendants, Saurabh Anand Trading & Ors (Saurabh), to restrain them from using the word “HAUS” in relation to business
- [Itech Law Conference Sponsored by RNA](https://rnaip.com/itech-law/) - Ranjan speaks on Recent trends in Intellectual Property Panel discussion covering recent developments in the hardware, software and online space covering, FRAND, IP disputes and strategy. When 1 February 2016 – 3 February 2016 Where ITC Maurya, Delhi
- [Software patentability in India- a case of one step backward, one step forward](https://rnaip.com/software-patentability-in-india-a-case-of-one-step-backward-one-step-forward/) - The Indian Patent Office predicament over software patents continues. The patent office has issued another version of modified guidelines for the patentability of Computer Related Inventions (CRIs) on June 30th 2017. This is the third time the guidelines related to patentability of CRIs have been modified. The first version of the guidelines was issued on
- [Registering IP Pakistan](https://rnaip.com/registering-ip-pakistan/) - What are the different kinds of mark that can be registered as trademarks under the Trade Marks Ordinance, 2001? Word marks, logos, signatures, names, devices, labels, numeral(s) and/or any Combination of these Combinations of colours Shape of goods Sound marks Smell marks (None have so far been registered). Is registration of a trade mark essential?
- [CSR EVENT](https://rnaip.com/csr-event/) - Lorem Ipsum

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- [Home](https://rnaip.com/) - RNA is the best IPR law firm in Delhi, Gurgaon, NCR, and Chennai. We provide protection for, enforcement, and commercialization of IP rights.
- [Our Team](https://rnaip.com/our-team/) - Ranjan Narula Ranjan founded the specialist IP law firm, RNA, Technology and IP Attorneys, in 2004, and is now its Managing Partner. View Profile Rachna Bakhru She is a Partner with RNA, Technology and IP Attorneys, an IP specialist law firm and currently heads the Dispute Resolution team of the firm. View Profile Rahul Sethi
- [Abhishek Nangia](https://rnaip.com/our-team/abhishek-nangia/) - Abhishek Nangia anangia@rnaip.com Professional Qualification LL.B. (Hons.) from Amity Law School, Delhi Practice focus Abhishek is a seasoned professional in advising clients of diverse sectors on a wide range of Intellectual Property (IP) and Information Technology (IT) issues in India and the Indian Sub-continent. Abhishek has closely worked on brand clearance, IP protection and enforcement,
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- [Ranjan Narula](https://rnaip.com/our-team/ranjan-narula/) - Ranjan Narula rnarula@rnaip.com Background Ranjan Narula is the founder and managing partner of RNA, a specialist IP law firm established in 2004. Under his leadership, the firm has built a strong reputation for its expertise in intellectual property law and has been involved in various high-profile cases. With 30 years of experience, Mr. Narula has
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- [Whatever It Takes](https://rnaip.com/corporate-social-responsibility/whatever-it-takes/) - Whatever It Takes Whatever It Takes is a unique artwork campaign launched by 21st Century Leaders Ltd, the wholly owned trading subsidiary of Trade plus Aid. Whatever It Takes supports key global development causes including poverty alleviation, environmental conservation and the protection of children. RNA team advised WhateverItTakes on trademark protection and assisted in Trademark
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- [Smart Air](https://rnaip.com/corporate-social-responsibility/smart-air/) - Smart Air Smart Air is an organization that works for providing clean air and manufacture air purifiers. They have a variety of air purifiers in their portfolio and are also educating people on the need of clean air. RNA team provided them opinion on comparative advertising and what constitutes fair and unfair advertising. RNA team
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- [Sexual Harassment](https://rnaip.com/corporate-social-responsibility/sexual-harassment/) - Objective The Firm is committed to treating every employee with dignity and respect. We seek to create a work environment that is free from sexual harassment of any kind, whether verbal, physical or visual. This policy provides guidelines for prompt redressal of complaints related to sexual harassment and is also in full compliance with “The
- [Anti – Corruption Policy](https://rnaip.com/corporate-social-responsibility/anti-corruption-policy/) - Anti – Corruption Policy Policy Statement The purpose of this policy is to protect RNA, Technology and IP Attorneys (hereinafter referred to as ‘RNA’) from breaches of bribery and anti-corruption laws and to educate its employees and third party to be honest in its dealings. RNA does not tolerate any form of corruption and/ or
- [People & Community](https://rnaip.com/corporate-social-responsibility/people-community/) - Labour and Human Rights Policy RNA, Technology and IP Attorneys (hereinafter referred to as ‘RNA’) appreciates and respects both labour and human rights including allowing the staff to raise any concerns with the Partners which they may have or face concerning their work environment. RNA is an equal opportunity workplace and makes no differentiation based
- [About us](https://rnaip.com/who-we-are/about-us/)
- [Terms of Business](https://rnaip.com/who-we-are/terms-of-business/)
- [Articles](https://rnaip.com/our-publications/articles/)
- [What We Do](https://rnaip.com/what-we-do/) - Digital Space RNA has rich experience and expertise in helping IP owners prevent online brand abuse and erosion through areas such as counterfeiting, copyright infringement, false association, and cyber-squatting. Our team can monitor and where necessary, take down stand-alone websites and listings on market places. RNA has successfully carried out several investigations against sellers of
- [The Mitrataa Foundation](https://rnaip.com/corporate-social-responsibility/the-mitrataa-foundation/)
- [Diversity](https://rnaip.com/corporate-social-responsibility/diversity/)
- [Newsletters](https://rnaip.com/our-publications/newsletters/)
- [Alerts](https://rnaip.com/our-publications/alerts/)
- [Chennai Direction](https://rnaip.com/contact-us/chennai-direction/) - RNAIP Chennai Cisons Complex, 1st Floor, 150/86, Montieth Road Egmore, Chennai – 600 008, India Get Directions
- [Gurugram Direction](https://rnaip.com/contact-us/gurgaon-direction/) - RNAIP Gurugram 401-402, 4th Floor, Suncity Success Tower, Sector – 65, Golf Course Extension Road, Sector 65, Gurugram, Haryana 122003 Get Directions
- [Search Results](https://rnaip.com/search_gcse/) - [wp_google_search]
- [We Care](https://rnaip.com/we-care/)
- [Practice Heads](https://rnaip.com/practice-heads/)
- [Three Columns Service](https://rnaip.com/services/three-columns-service/)
- [Services](https://rnaip.com/services/)
- [Content blocks](https://rnaip.com/content-blocks/)
- [Person Block](https://rnaip.com/person-block/)
- [Widgets and sidebars](https://rnaip.com/widgets_sidebars/)
- [Heading with Title, Subtitle & Icon](https://rnaip.com/heading-with-title-subtitle-icon/)
- [Contact Form Shortcode](https://rnaip.com/contact-form-shortcode/)
- [Statistics](https://rnaip.com/statistics/)
- [Colored Blocks](https://rnaip.com/colored-blocks/)
- [Featured Blocks](https://rnaip.com/featured-blocks/)
- [Testimonials](https://rnaip.com/testimonials/)
- [Timeline Services](https://rnaip.com/timeline-portfolio/)
- [Timeline Blog](https://rnaip.com/timeline-blog/)
- [Password-protected page](https://rnaip.com/password-protected-page/)
- [Content Slider](https://rnaip.com/content-slider/) - Content slider shortcode lets you add an image slider to any page as well set its size. Slider look has unlimited space for customization: a great collection of effects, ability to change animation speed and pause time, choose whether you want your images to be displayed with their original height or automatically adjusted – easy!
- [Heading with icon](https://rnaip.com/no-heading/)
- [Heading With Title and Subtitle](https://rnaip.com/heading-title-subtitle/)
- [Custom Heading Title](https://rnaip.com/custom-heading/)
- [Form Builder](https://rnaip.com/form-builder/) - A powerful Form Builder Tool, customly developed by CMSMasters, lets you create an unlimited amount of forms of different types and complexity, from simple contact forms to complex questionnaires with numerous fields, radio-buttons, checkboxes and dropdowns, text areas, as well as set validation for these fields.
- [Left Sidebar](https://rnaip.com/left-sidebar/)
- [Right Sidebar](https://rnaip.com/right-sidebar/)
- [Sitemap](https://rnaip.com/sitemap/)
- [Typography](https://rnaip.com/typography/)
- [LightBoxes](https://rnaip.com/lightboxes/) - Lightbox is a great way to display some additional content or linking to another place without redirecting the visitor away from the page. Your theme lets you add all sorts of LightBoxes to various types of your content.
- [Google Maps](https://rnaip.com/google-maps/)
- [Post Type Shortcode](https://rnaip.com/post-type-shortcode/)
- [Media](https://rnaip.com/media/) - You can add self-hosted videos or videos from YouTube, Vimeo, Screenr and other video hosts. Add audio files using single track or multiple-track audio player, organize your images into slide-shows. Diverse media will help you make your web pages be more interactive.
- [Two Columns Portfolio](https://rnaip.com/three-columns-portfolio/)
- [Four Columns Portfolio](https://rnaip.com/four-columns-portfolio/)
- [Audio & Video Players](https://rnaip.com/audio-video-players/)
- [Pricing Tables](https://rnaip.com/pricing-tables/)
- [Tabs & Toggle](https://rnaip.com/tabs-and-toggle/)
- [Columns](https://rnaip.com/columns/)
- [Information Boxes](https://rnaip.com/information-boxes/)

## Services

- [Privacy & Data protection](https://rnaip.com/service/privacy-data-protection/) - DATA PROTECTION SERVICES At RNA IP, our Privacy and Data Protection practice is dedicated to addressing the intricate technological, business, and legal challenges concerning data privacy and security. In the midst of India’s digital revolution and the establishment of a robust legal framework, businesses face the imperative need to elevate their privacy standards to mitigate
- [Technology Practice](https://rnaip.com/service/technology-practice/) - It is an indisputable fact that technology is growing at an unimaginable speed. As a result, there are new legal issues that the current legal framework may not be sufficient to address. While it takes time for the laws to speed up with the changing technology and new ways of doing business, our lawyers are abreast
- [Geographical Indication](https://rnaip.com/service/geographical-indication/) - India has an official, searchable, Geographical Indication Register. The Register can be searched to ascertain whether or not the intended Geographical Indication has already been registered. In addition to searches of the Register, we conduct common law searches which include searches of the internet, trade directories and publications, and market surveys, to ascertain whether or
- [Patents](https://rnaip.com/service/patents-technology/) - The patent practice of the firm encompasses a fully packaged offering starting from searching, drafting, and filing of the Patent application to its prosecution followed by pre-grant and post-grant proceedings, dispute resolution, portfolio management, and renewal of patents. Our Patent group is the perfect fusion of technology and proficiency in patent law, with a sound technical background in
- [Trade Secrets](https://rnaip.com/service/trade-secrets/) - With recent advances in technology and the ease of sharing, copying, and storing information in the digital world, one of the biggest challenges that businesses face is the protection of their confidential business information. This information can include business strategies, proposals, client databases and information, compilations, designs, programs, drawings, devices, formulae, or compositions. Not all
- [Domain Name Disputes](https://rnaip.com/service/domain-name-disputes/) - Our team has extensive experience in advising on domain acquisition & dispute resolution through UDRP and INDRP. We have successfully handled various domain disputes and regularly advise clients on their domain strategy. Resounding our success in this space, two RNA team members have been appointed by National Internet Exchange of India as an Arbitrator to
- [Other IPs](https://rnaip.com/service/other-ips/) - We regularly advise our clients on the protection of geographical indications, traditional knowledge, biodiversity laws, rights over plant varieties, and semiconductors. We have successfully obtained registrations for a number of clients and understand the nuances within this gamut. India has specific legislation for the protection of plant varieties. The Protection of Plant Variety and Farmers
- [Copyright](https://rnaip.com/service/copyright/) - Copyrights in India are governed by the Copyright Act, 1957. Copyright is a right given by law to creators of original literary, dramatic, musical and artistic works and producers of cinematographic films and sound recordings. The statutory protection under the Act gives the copyright owner a number of exclusive rights including the exclusive right to reproduce the
- [Investigation](https://rnaip.com/service/investigation/) - As the global economy develops, Intellectual Property theft is escalating and becoming increasingly sophisticated. In order to tackle the problem, IP owners need both access to detailed and reliable information and the ability to track infringing activity to its source including identifying intermediaries in the distribution chain. The scope of our IP investigations is global
- [Industrial Design](https://rnaip.com/service/industrial-design/) - We provide an inclusive range of services in the field of Designs including filing and prosecution of applications, cancellation proceedings, searching services, drafting of various licenses and assignments and pursuing actions. The firm has longstanding experience and expertise in successfully guiding clients through the design registration process. COMPREHENSIVE SEARCHING AND ANALYSIS We conduct a range
- [Trademark](https://rnaip.com/service/filing-and-prosecution-of-trademark-application-in-india/) - RNA’s business had its roots in trademarks before it branched into other forms of Intellectual Property. We are highly sought after firm for our trademarks practice which has been accredited with several independent recognitions over the years. RNA proudly represents several Fortune 500 companies covering diversified goods and services and manages a portfolio of more
- [Digital Space](https://rnaip.com/service/digital-space/) - RNA has rich experience and expertise in helping IP owners prevent online brand abuse and erosion through areas such as counterfeiting, copyright infringement, false association, and cyber-squatting. Our team can monitor and where necessary, take down stand-alone websites and listings on market places. RNA has successfully carried out several investigations against sellers of counterfeit goods
- [Enforcement](https://rnaip.com/service/enforcement/) - Qualified lawyers and experienced professionals at RNA, come together to meet client requirements and in each case providing the most appropriate means to enforce rights or resolve disputes. In addition to litigation in the Courts, the team makes full use of administrative and other bodies, including Customs and alternative forms of dispute resolution. IP Investigation

## Categories

- [FAQs](https://rnaip.com/category/faqs/)
- [News](https://rnaip.com/category/news/)
- [CSR](https://rnaip.com/category/csr/)
- [Diversity](https://rnaip.com/category/csr/diversity/)
- [Articles](https://rnaip.com/category/articles/)
- [Alerts](https://rnaip.com/category/alerts/)
- [Awards](https://rnaip.com/category/awards/)

## Categories

- [Attorney](https://rnaip.com/s-sort-categs/attorney/)
- [Lawyer](https://rnaip.com/s-sort-categs/lawyer/)
- [Legal](https://rnaip.com/s-sort-categs/legal/)
- [Business](https://rnaip.com/s-sort-categs/business/)

## Types

- [Attorneys](https://rnaip.com/s-categs/attorneys/)
- [Business](https://rnaip.com/s-categs/business/)
- [Trademark](https://rnaip.com/s-categs/trademark/)
- [Patents](https://rnaip.com/s-categs/patents/)
- [Investigation](https://rnaip.com/s-categs/investigation/)
- [Enforce](https://rnaip.com/s-categs/enforce/)
- [Digital Space](https://rnaip.com/s-categs/digital-space/)
- [Trade Secrets](https://rnaip.com/s-categs/trade-secrets/)