202307.19
25

Privacy and publicity rights denied to a deceased Bollywood actor

Celebrity rights have emerged as a unique category of intellectual property rights over time. As a result, a celebrity has a special set of personality rights, privacy rights, and publicity rights. This post concerns the protection of privacy and publicity rights of Sushant Singh Rajput (‘SSR’), an actor who debuted in Bollywood in 2009 and…

202307.14
25

Delhi High Court holds use of ‘MAYO’ for medical services is in bad faith

The parties in the suit are at odds over the use of the mark MAYO for medical, hospital, and healthcare-related business. The Plaintiff Mayo Foundation for Medical Education and Research (Mayo Clinic) filed a suit before the Delhi High Court against the Defendants Bodhisatva Charitable Trust and Ors. (BCT) for using the mark MAYO to…

202307.10
24

Jaquar successfully asserts rights in ARTIZE mark over Villeroy Boch

The court restrained Villeroy from using the mark ARTIS, or any other mark identical or deceptively similar to Jaquar’s ARTIZE marks The court concluded that Villeroy used ARTIS in a trademark sense ARTIZE was not descriptive of sanitaryware In Jaquar Company Pvt Ltd v Villeroy Boch AG (CS (COMM) 777/2022), two well-known entities in the…

202307.04
24

Pepsico objects to the use of MIRINDA for country-made liquor.

The use of the mark (Hindi transliteration for the word MIRINDA) in relation to country-made liquor is a cause of concern for Pepsico. Pepsico Inc. and Ors (Pepsico) filed the suit against the Defendant, Jagpin Breweries Limited and Ors (Jagpin), at the Delhi High Court alleging trademark infringement, passing off its mark MIRINDA. The High…

202306.30
23

Making up to the coveted list of well-known trademarks

The debatable issue before the Court was whether, once the Court determines a trademark to be a well-known trademark, is the applicant required to pay the requisite fee along with filing of request on (Form TM-M) to be added to the List of Well-Known Trademarks maintained by the Registrar of Trademarks or should this process…

202306.26
23

The new age of Trademark Protection in Myanmar

OLD TRADEMARK LAW IN MYANMAR Myanmar had an existing legal framework for trademarks under the Myanmar Trademark Law of 2019. This law introduced significant changes to the previous legal regime and aimed to align Myanmar’s trademark system with international standards. Before enacting the 2019 law, Myanmar had an outdated trademark law, the Myanmar Registration Act…

202306.21
23

Delhi High Court IP Division sets the bar High

The Delhi High Court IP Division (IPD), created on February 28, 2022, celebrated its first anniversary to coincide with World IP Day. In the last decade, the Delhi High Court has earned the reputation of being the “centre for IP excellence,” with complex IP cases and propositions being debated that have had far-reaching consequences on…

202306.20
23

Navigating brand challenges in the nutraceutical industry in India

The article underlines the importance of trademark protection in a booming nutraceuticals market in India and explain what steps brand owners should take. India has witnessed massive growth in the nutraceutical market in recent years. The pandemic heightened consumer interest in preventative healthcare and has transformed consumers’ habits and market behaviour with regard to healthcare…

202306.13
23

Substantial delay by ‘CAMPUS’ tilts the balance in favour of ‘CAMPS’

In the case at hand, although there are substantial similarities in the competing marks, there is no material on record for the Court to conclude that Defendants’ adoption was dishonest or so to say, that Defendants have misrepresented their marks to be that of the Plaintiff’s. On the contrary, adoption of the impugned mark prima…

202306.13
23

Delhi High Court examines factors for the patentability of species patent in India

In a landmark decision, the Delhi High Court denied an injunction to the Plaintiff (BOEHRINGER INGELHEIM PHARMA GMBH) for infringement of patent rights in Linagliptin, a drug to treat Type 2 diabetes. While deciding the infringement action, the Court analyzed various vital factors, including species versus genus patent infringement. In this case, the Court also…