202412.10
28

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…

202412.05
28

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…

202412.05
28

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…

202411.26
28

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…

202411.18
28

‘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…

202411.12
28

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%…

202411.04
28

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…

202411.04
28

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…

202410.28
28

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…

202410.23
28

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…

202410.21
28

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…

202410.18
28

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…