202402.19
24

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…

202401.31
24

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…

202401.24
24

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,…

202401.22
24

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….

202401.08
24

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…

202401.08
24

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…

202401.04
24

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…

202312.14
24

‘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…

202312.14
25

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,…

202312.13
25

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…