201807.31
4

Prior use saves the day for Sun

This post discusses the tussle between two well established pharmaceutical companies in relation to trademark being used on a diabetic drug. The Plaintiff, Sun Pharma Laboratories Ltd, (Sun) filed the action before the Delhi High Court against Lupin Limited (Lupin) and another alleging trademark infringement, passing off, etc. Sun filed the suit to safeguard its…

201807.27
4

SEP holders rejoice over Delhi High Court Ruling

The Delhi High Court’s recent decision determining infringement of the Patent owned by Philips that were declared as Standard-Essential Patent (SEP) by European Patent office and US. Thus axiomatically an essential Patent in India has been widely welcomed by other SEP holders. The suit concerned DVD video player technology over which Philips has claimed Patent….

201807.24
3

Use of family name held to be non-infringing “fair use”

The parties are at loggerheads over use of family name PATIL in relation to fragrance business. The first round of litigation was before the District court, Bengalaru and the parties have now approached Karnataka High Court (at Bengaluru) in appeal. The appeal has been preferred by Somashekar P. Patil (Som) aggrieved by exparte injunction being…

201807.09
3

India promises market potential but challenges remain for luxury brands

While luxury brands are increasingly entering the Indian market, proving India’s potential as a destination for luxury products, they face some formidable challenges, including high import duties, lack of quality retails space and the ever-present threat of counterfeiting In the past decade, Indian consumer purchasing power and appetite for luxury products has surged. The number…

201807.02
3

Whimsicality of Design Protectable

The parties are squabbling over design rights in metal tube primarily used in air-conditioners.  The design infringement and passing off claim is brought by Mandev Tubes Private Limited (MTPL) against Mr Kalpesh Jain (KJ) for using metal/copper tube with identical design. The single judge of Bombay High Court on hearing the parties granted an injunction…

201806.21
3

Christian Louboutin red sole failed to qualify as a Trademark!

While Christian Louboutin had a favourable decision from European Court of Justice (ECJ), in similar circumstances, the High Court of Delhi dismissed its claim of exclusivity in the red colour for shoe sole on the ground that a single colour cannot be granted protection as a trademark.  The ruling came in the context of a…

201806.18
2

No Exclusivity in Abbreviated Form of Descriptive Words

VAC-PAC derived from the words Vacuum Packaging or Vacuum Pack was bone of contention between the parties dealing in welding electrodes. The Plaintiff, SuperonSchweisstechnik India Limited (Superon) filed a passing off action against the Defendant, Modi Hitech India Ltd (MHIL) seeking reliefs of injunction, delivery up, rendition of accounts and damages for use of the…

201806.13
2

What’s your preference Blacksmith or Goldsmith?

Can Goldsmith be confused for Blacksmith? The issue came up before the court in the context of a trademark infringement and passing off action brought by Jaideep Mohan (JM) against HUB International Industries (HUB). JM on the basis of its registered trademark BLACKSMITH for alcoholic beverages sought restraint order against HUB’s GOLDSMITH. JM’s case: They…

201806.04
2

Controller frowns upon parties for failure to disclose

In a recently decided post grant opposition filed by M/s GuanGXI LIUGONG MACHINERY CO. LTD against, J.C. Bamford Excavators Ltd.’s (herein after called JCB) patent (no. 251037) relating to an excavating and loading machine, the Controller of Patents  revoked the Patent for failure on part of the Patentee to timely provide the details of corresponding…

201805.14
2

Indian IP Office Annual Report 2017 – Calls for Celebration!

The Office of the Controller General of Patents, Designs, Trademarks and Geographical Indications (Patent and Trademark Office) issued annual report for the year 2016-2017 analysing how the office has performed and listing out important achievement. The report is not only content reach but also aesthetically attractive compared to the reports of earlier years. Further, it…

201805.02
1

The rise of licensing in India

Advancements in technology and expanding marketplaces have been key to successful licensing programmes in India over recent years. Local trademark owners and licensees should now follow in the footsteps of international brands and adopt licensing as a core revenue stream Over the past 10 years, brand consciousness has grown significantly in India, with companies using…

201804.26
2

Protecting trade secrets in India

With recent advances in technology, as well as the ease of sharing, copying and storing information in the digital world, one of the biggest challenges that businesses face is the protection of their confidential business information. This information can include business strategies, proposals, client databases and information, compilations, designs, programmes, drawings, devices, formulae or compositions….