The case involves a trademark dispute between Lacoste and Crocodile International Pte Ltd. over the use of a crocodile device on clothing articles. Lacoste initiated the lawsuit to protect their copyright and trademark rights in the crocodile device, which they claim is being infringed upon by Crocodile International. Lacoste in the lawsuit seeks a permanent…

The note discusses protection of tattoos as copyright work in India. People are fascinated by tattoos for several reasons: Self-Expression: Tattoos are a means of self-expression through creativity and originality. They allow individuals to showcase their personality, beliefs, and experiences in a unique and permanent way. Cultural Significance: Tattoos have been practiced since prehistoric times…

The case revolves around the use of specific alpha numerals in trademarks. The court ruled that if a particular alpha numeral, used as part of a trademark, is unique to a product and has become a source identifier, the proprietor of the trademark would be entitled to protection in respect of the said alpha numerals,…

Vans Inc., USA, (hereinafter referred to as “Petitioner”) filed rectification petitions seeking cancellation of FCB Garment Tex India Pvt. Ltd. and Fateh Chand Bhansali’s (hereinafter collectively referred to as “Respondent”) trademarks “IVANS” and “IV ANS NXT” (impugned marks) under Sections 47, 57 and 125 of the Trade Marks Act, 1999 (hereinafter referred to as the said…

Akzo Nobel Coatings International B V (Akzo) filed the suit against JK Cement Ltd (JK Cement) alleging trademark infringement, passing off, etc., and to restrain the latter from using the mark ‘WEATHERSHIELD’. This note discusses the contentions raised by the parties and the findings of the Court. The court examined various aspects, including the distinctiveness…

This is the second round of litigation between Cognizant Technologies Solutions (Cognizant) and Atyati Technologies Private Limited (Atyati). The bone of contention is the use of the logo as depicted below: Atyati brought this suit for trademark and copyright infringement at the Bombay High Court and the High Court vide its order dated March 19,…

This note discusses the judgement passed by the Delhi High Court in a suit filed by the Plaintiff, Pfizer Products Inc (Pfizer). Pfizer filed the suit to safeguard its trademark rights in “VIAGRA,” a well-known erectile dysfunction drug and to permanently restrain the Defendants, Renovision Exports Pvt. Ltd., and Others (Renovision) from marketing a homeopathic…

In the age of globalization, the importance of Intellectual Property Rights (IPR) has taken centre stage. Till now, the role of Customs was primarily collecting Customs duties and other indirect taxes. However, with the advent and the development of e-commerce the environment in which Customs operate altered dramatically. Although, civil, criminal, and administrative remedies are…

Infosys Limited (Infosys) brought an action against Southern Infosys Limited (SIL) seeking to restrain SIL from using Infosys’s registered trademark “INFOSYS” as part of its trade name. Infosys alleged that SIL’s use of its registered trademark risks misleading consumers and eroding Infosys’s unique brand identity. This case summary will provide an overview of the facts,…

Macleods Pharmaceuticals Ltd (MPL) relying on its rights in the prior used mark ALRISTA filed the suit at the Delhi High Court against the Defendant, Alkem Laboratories Ltd. & Anr, (Alkem) to restrain them from manufacturing, selling, or promoting their pharmaceutical product under the trademark ‘ALSITA’. MPL contends that ALRISTA and ALSITA are deceptively similar…

“In an ideal world, all good patents ought to be granted and all bad ones should be refused. How that is to be achieved given the ever-rising flood of applications and the ever-increasing importance of Chinese prior art, I have no real idea” [“IP and Other Things”-Robin Jacob at page 239] It is a settled…

Relaxo Footwears Limited (Relaxo) brought an action against XS Brands Consultancy Private Limited & Ors (XS Brands). Relaxo relying on its rights in the device/mark seeks to restrain XS Brands from using the mark in relation to footwear. Relaxo does not claim any rights per se over the letter ‘X’ but only in the stylised…