India is under the second wave of covid-19 facing a major public health crisis. There is a rush among people from all walks of life to get vaccinated as the Government has opened the vaccination for 18-44 years (until now, vaccination was only being provided to 45 and older). This immediately brought into focus India’s…

Today, the young consumer’s expectations from the brands they buy are beyond good quality products. The millennials globally expect brands to do good in the world. The consumers hope that the brands resonate with their values and care about the environment, produce products responsibly without harming natural resources, and at the same time uplift the…

Plaintiff provides online payment services through its App under the name/mark “PhonePe.” Plaintiff is aggrieved by the use of the element “Pe,” which is a misspelling of the word “Pay,” as part of Defendant’s mark “BhartPe.” Defendant also provides payment services through App but are directed towards merchants, whereas the PhonePe services are for both…

You cannot protect ideas from being copied. The idea in your mind cannot be protected; however, the representation of your ideas in tangible form is what is protectable. E.g. If you have plans on organizing a theme party and you share your detailed thoughts with a friend, who ends up executing the same theme and…

You would have come across news reports of India severely hit by Covid infections and grappling with the situation. National and International health authorities are actively engaged in monitoring the spread of the virus in India and providing care and adequate facilities to those affected. We understand that this uniquely challenging pandemic and its repercussions…

The Office of the United States Trade Representative (USTR) recently released Annual Special 301 report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property rights. As part of this exercise, USTR reviewed more than one hundred trading partners for this year’s Special 301 Report and placed thirty-two (32) of…

COVISHIELD, the Astra Zeneca developed vaccine, and manufactured by Serum Institute in India to prevent Covid19, is the subject of a trademark dispute between two entities operating in the pharmaceutical trade. Cutis Biotech (Cutis), the Plaintiff, filed the suit before the Commercial Court, Pune, alleging passing off to restrain the Defendant, Serum Institute India Private Limited (Serum…

  A dispute between InterDigital and Xiaomi highlighted the delicate balance between confidentiality and fair opportunity in SEP disputes, say Ranjan Narula and Suvarna Pandey of RNA Technology and IP Attorneys. The objective of forming a ‘Confidentiality Club’ during patent or trade secret litigation matters has become a standard protocol to keep the business-sensitive documents/information…

  Bombay High Court heard an appeal against the order of the Ad-hoc District Judge-6, Pune, in a trademark infringement and passing off dispute, dismissing the injunction application filed by the Plaintiff. The Plaintiff, Sharmilee Kapur and Ors (SK) filed the suit before the District court against the Defendant, Kiran Bharekar (Kiran) alleging trademark infringement….

The COVID-19 pandemic continues to take a heavy toll on families, communities, and nations the world over. As the virus spreads, companies and nations are racing to build vaccines and drugs to benefit society at large and, of course, tap a business opportunity. As the vaccine trials reach stage II and III, the plan for…

A short but interesting point regarding jurisdiction comes up for consideration in the instant dispute between two entities in the healthcare industry. The Plaintiff, Cadila Healthcare Limited (Cadila) filed the passing off action against the Defendants, Uniza Healthcare LLP and another (Uniza) before the Delhi High Court, to safeguard its rights in the mark ZYCLEAR…

The trademark AMPA is the bone of contention in the instant dispute between two entities dealing in bicycles. The Plaintiff, Jagmohan Ratra (RATRA) filed the suit before the Delhi High Court against the Defendants, Ampa Cycles Private Limited (ACPL) and another alleging passing off. ACPL has filed application to set aside the injunction granted in…