202208.02
13

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…

202207.15
13

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…

202207.14
11

Tips for brand owners to navigate India’s 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…

202207.13
11

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…

202207.13
11

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…

202207.12
11

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…

202206.28
11

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….

202206.02
11

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…

202205.13
11

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…

202205.10
11

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…