Court rejects lack of jurisdiction plea in a quia timet action

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…


Prior use turns the scales in favour of Cremo

Two entities dealing in milk and dairy products vie for rights in the mark/name CREMO before the Punjab & Haryana High Court. The Plaintiff, Cremo S.A., (Cremo S.A), filed the suit before the District Court, Faridabad (Haryana), against the Defendants, Cremo Netureal Milk LLP & another (CNML), alleging passing off. Cremo S.A., a swiss company,…


Accountability of social media against its misuse and abuse

India, in recent years, has seen a massive surge in the number of internet users and people accessing social media platforms. The pandemic and the ensuing lockdown have doubled these numbers as more and more consumers turn to social media for interaction with their friends and families. At the same time, the digital explosion has…


Court frowns upon bad faith adoption

‘Thirumala’ a sacred town in Chittor district, Andhra Pradesh famous for Lord Venkateswara’s temple https://en.wikipedia.org/wiki/Venkateswara_Temple,_Tirumala is being subject of trademark tussle between two entities dealing in milk and dairy products. The Plaintiff, Tirumala Milk Products Private Limited (TMPL), registered proprietor of the mark filed the suit at the Madras High Court against the Defendants, Swaraj…


Snapdeal has no criminal liability for the sale of SUHAGRA-100

The ruling of the single judge of Karnataka High Court holding that an e-commerce marketplace being an ‘intermediary’ is not liable for any action or inaction on the part of a vendor/seller has come as a significant relief for e-commerce portals and their directors/officers. The court thus proceeded to quash criminal proceedings against the Directors…


A roundup of key IP developments of 2020

As we begin a new year, there is optimism and hope given the unprecedented challenges businesses and consumers faced during 2020. Our post provides a round-up of key developments in legislative, regulatory, and judicial arena that highlight the Indian IP environment remains vibrant. Indian courts and IP offices adapt to the “new normal” The IP…


Celebrities Beware- think before you endorse a product!

In an interesting case, District Consumer Redressal Forum in Kerala (CC 345/12) recently passed an order penalizing the Malayalam movie actor Anoop Menon https://en.wikipedia.org/wiki/Anoop_Menon  and the manufacturers of Dhathri Hair Cream https://www.dhathri.com/hair-protector/p/15327821 for making false claims in an advertisement issued in 2012. The movie star and Dhathri were ordered to pay compensation to the complainant and a fine imposed…