Rules of the club

  A dispute between InterDigital and Xiaomi highlighted the delicate balance between confidentiality and fair opportunity in SEP disputes, say Ranjan Narula and Suvarna Pandey of RNA Technology and IP Attorneys. The objective of forming a ‘Confidentiality Club’ during patent or trade secret litigation matters has become a standard protocol to keep the business-sensitive documents/information…


Tanman is not similar to Atmantan

  Bombay High Court heard an appeal against the order of the Ad-hoc District Judge-6, Pune, in a trademark infringement and passing off dispute, dismissing the injunction application filed by the Plaintiff. The Plaintiff, Sharmilee Kapur and Ors (SK) filed the suit before the District court against the Defendant, Kiran Bharekar (Kiran) alleging trademark infringement….


A delicate balance: IP rights and the public interest

The COVID-19 pandemic continues to take a heavy toll on families, communities, and nations the world over. As the virus spreads, companies and nations are racing to build vaccines and drugs to benefit society at large and, of course, tap a business opportunity. As the vaccine trials reach stage II and III, the plan for…


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…