A number of interesting issues have come up in this matter a) whether a registered proprietor can enforce and restrain another proprietor from using its registered mark? b) is a registered proprietor obligated to pursue every party that infringes its mark c) how strong is the trademark search report in support of the contention that…

Two mobiles companies are at loggerheads over use of ZEN as a brand. Teleecare Network India Pvt. Ltd. (Teleecare) had filed suit for trademark infringement and passing off seeking an injunction against Asus Technology Pvt. Ltd. (Asus) from selling, offering and advertising for sale mobile phones, mobile accessories bearing mark “ZENFONE” and/or any other mark…

A peculiar requirement under the Indian Patent Act, section146 (1) read with Rule 131 (2), requires every Patent holder to submit before 31st March, a statement on Form 27 whether a Patent has been worked or not in India. The structure of the form and details required to be submitted have been subject of intense…

Internet penetration and widespread use of handheld devices is fuelling ecommerce in India. With the rise in online purchases of goods and services, complaints about counterfeit goods are also rising. The Department for Promotion of Industry and Internal Trade released a Draft National E-Commerce Policy (hereinafter referred to as the policy) on February 23, 2019…

Fantasy sports (also called esports) has caught the attention of sports fan. This is exemplified by 1.1 billion valuation of Dream11, in the latest round of funding. Dream11 – the Tencent-backed fantasy sports startup is the poster child of India’s fantasy gaming ecosystem. The mass penetration of mobile 4G, and cheap data, has popularized the…

Can a licensee turnaround and claim rights in a licensed mark when faced with termination of the agreement.  The marks in questions are “EURO”, “EUROBOND” and EURO device of a globe. The Plaintiff, Euro Panel Products Private Limited (EPPL) filed suit against the Defendants, Eurobond Industries Private Limited (Eurobond) and ors, to restrain the latter…

The scope of “Bolar provision” (under Section 107A of the Indian Patent Act) is bone of contention between two generic companies Natco and Alembic Pharmaceuticals Ltd (Alembic) pitted against Bayer. One of the major issue addressed by this decision is whether a non-patentee can export the patented drug under Section 107 A, taking refuge under…

The instant dispute between two entities in the hospitality industry over the mark INTERCITY for hotels revolves around prior adoption and use; whether use has to be considered in India or international use and adoption can be relied upon to claim superior rights. The Plaintiff, Intercity Hotel GMBH, Germany, (Intercity) has filed the suit before…

Crocs is embroiled in several disputes with local footwear manufacturers in India (the defendants) to protect its clog design. Separate actions were brought by Crocs based on registered design and passing off to protect its footwear design. The lawsuits based on registered designs were dismissed as the court found no novelty in Crocs’ design based…

India is one of the most vibrant global economies thanks to its robust banking and insurance sectors. The country’s financial sector is undergoing rapid expansion, not only for existing businesses but also for new entities entering the market. The government has introduced several reforms to liberalise and regulate the financial sector, which comprises commercial banks,…

Nizam, the title of ruler of Hyderabad in 18th century is known to Delhites as a restaurant chain that sells kebab rolls. The restaurant chain NIZAM’S is seeking to restrain its former franchisee from using the mark ‘New Nizam’s Kababs and Biryani’. The Plaintiffs, Rajesh Chugh and ors (Rajesh) filed suit against the Defendants, Chhavi…

The Special Bench comprising five judges of The Delhi High Court, recently decided maintainability of a composite suit in relation to infringement of a registered design and passing off in a case titled Carlsberg Breweries versus Som Distilleries and Breweries Ltd. The primary issue before the court was whether a composite suit joining the two…