A Taiwanese and Chinese company fight out for rights in the mark HTC at the Delhi High Court. Plaintiff, HTC Corporation claims prior adoption and use of HTC for mobile phones and computing products. Defendants, Mr. L V Degao & Ors claim rights over the identical mark for trimmers and clippers. Both parties have registered the…

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…

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…

Two entities using an identical mark ‘RPG’ an acronym of their names vie for rights before the Bombay High Court. Plaintiff, RPG Enterprises Limited (RPGL), filed the suit against the Defendants, Riju Ghoshal and Ors (Riju), alleging trademark and copyright infringement and passing off. The post covers the arguments of the party concerning a preliminary…

Sharbat, a drink made from plant and flower extract with sugar is a popular summer drink in the Indian sub-continent. Buying a bottle of sharbat may involve emotions but those who appreciate this deep emotion would be the first to be able to distinguish between ‘Rooh’ (spirit) and ‘Dil’ (heart), the Delhi High Court said…

This order passed by the Delhi High Court emphasises the complexity of enforcing rights tag lines/slogans used in advertising a brand. Plaintiff, Red Bull AG (Red Bull) filed the suit against Defendant, Pepsico India Holdings Pvt Ltd & Anr (Pepsico), alleging trademark infringement and restraining the latter from using the tagline ‘STIMULATES MIND. ENERGIZES BODY’….

This note discusses the perils of suppressing material facts while seeking ex-parte injunction and the ensuing consequences. The Plaintiff, OM Logistics Ltd, (OML) filed suit before the Delhi High Court against the Defendant, Mahendra Pandey (Mahendra) alleging trademark infringement and passing off and to restrain the latter from using the mark/name ‘OM Logistics’ in relation…

In the last two decades, India has seen a rising number of patent disputes in several technology fields, including pharmaceuticals, electronics, biotechnology, and telecommunications. In the absence of special IP courts, it is challenging for the Judges to adjudicate technical matters that require expertise in the respective domain. While the Judges are experienced in applying the…

In the current times, trade dress (e.g., packaging, colour scheme and overall appearance) along with a product name has a lasting impact on the consumer experience and brand recall. The trade dress of the product is being given special attention by the brand owners to distinguish their products from competitors and build affinity for their…

The parties in this case AMPM Fashions Pvt. Ltd, the Plaintiff (AMPM ) and Akash Anil Mehta and others, the Defendants  (Akash) are locked in a battle, concerning the use of the trademark ‘AMPM’. The rival trademarks are set out below: AMPM Fashions Pvt Ltd, the Plaintiff (AMPM) filed the action before the Delhi High…

The Indian healthcare sector is expected to reach market size of US$ 500 billion by 2022. The key the key contributors to growth are rising income levels, greater health awareness, increased lifestyle diseases among the urban population, and improved access to insurance amongst others. As of July 2021, as per the data available, the number…

The Indian government in its annual Budget presented for the financial year 2022-23 for the first time defined Virtual Digital Assets (VDA), which includes both crypto and NFT. The government also introduced a special provision to tax gain made on VDA trading by 30%. The reason for this tax was phenomenal rise of such transactions…