202404.29
25

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…

202404.25
25

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…

202404.15
25

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…

202403.04
24

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…

202402.26
24

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…

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…