The interim or preliminary injunction plays a crucial role in IP cases as the focus of the IP holder is to seek an immediate order to stop the infringing activity so as to protect its market share. For a party seeking preliminary injunction, a three-factor test has been laid down by the courts: 1) to…
Prime Minister Narendra Modi and his political party Bharatiya Janata Party (BJP), once again won the elections with a clear majority and formed the government in May 2019. This is the party’s second term in a row. Interestingly, during the election campaign, one of the adverts released entitled “Transforming India’s IP Landscape” counted, among others,…
The price of greatness is responsibility- Winston Churchill Celebrities act as influencers to a common consumer. With a large population of India, living in villages, a celebrity endorsing a product or service, serves as promise of quality and builds instant recognition and credibility. In many cases, the benefits of product or claims made in adverts…
The role of Advertising in attracting consumer’s attention to a product or business is widely accepted. The companies therefore spend millions in creating product advertisement not only to attract consumer attention but also to differentiate their product from that of the competitors. This post discusses case brought by MRF Limited (MRF) against Metro Tyres (Metro)…
A batch of seven suits with overlapping issues was heard together by the Delhi High Court. The suits were filed by three direct selling entities, M/s Amway India Enterprises Pvt. Ltd (Amway), M/s Modicare Ltd (Modicare) and M/s Oriflame India Pvt. Ltd (Orliflame) against various entities who are either running e-commerce platforms or are sellers…
Bata India Limited (Bata) and Leayan Global Pvt. Ltd and others (Leayan)) operating in the footwear industry vie for the mark ‘POWER’ before the Delhi High Court. Interesting issues have come up including a) whether a mark being laudatory, is available as a defence to a party when he himself has applied for its trademark…
A recent writ petition before the Delhi High Court (Mylan Laboratories Limited Vs. Union of India & Ors., W.P.(C) 5571/2019 & C.M. Appln. 24540/2019 & 26833/2019) brought to court’s notice gridlock at Intellectual Property Appellate Board (IPAB) with no cases being heard considering the vacancies of technical member for Patents, Trademarks and Copyrights lying vacant…
The siblings, Gopal Sabu and Rajkumar Sabu (Raj) both working together, at one stage, as Directors of Sabu Trade Private Limited (STPL) are now at loggerheads to assert their rights over the mark SACHA MOTI (Pure Pearl) being used in relation to Sabudana (sago) for human consumption. The battle ground is Madras High Court where…
What constitutes functionality of a Design has been considered by the court in this case. The court in its ruling determined whether constraints of functionality are such that the design in question is the only design which could have been devised. The product in question is a travel pillow and its ergonomic design. Travel Blue…
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…
