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…

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%…

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…

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…

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…

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…

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…

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…

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…

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….

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…

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 <qw.com>. Facts and Background Parties Involved: The Complainant was filed by Quickware,…