By Nupur Kumar
A Full bench (Three Judges) of the Delhi High Court recently held that prior permission of the Court is not necessary under Section 124(1)(b)(ii) of the Trade Marks Act, 1999 (TMA) for filing a rectification petition before the IPAB during the pendency of an infringement suit.
A reference was made to the Full bench of ...
By Vindhya Srinivasamani
This case pertains to a suit filed by CTR Manufacturing Industries Limited against Sergi Transformer Explosion Prevention Technologies Pvt. Ltd. for infringement of its patent IN202302 (suit patent) for “A system and method for preventing and/or detecting explosion and/or fire of electrical transformers”, with an appl...
By Dr Sheetal Vohra, Nupur Kumar, Tulika Pandey
Getting trademark protection for slogans is often accompanied by one particular hurdle of retaining exclusivity, which results from their descriptive nature. A slogan is generally a combination of common words which describes the goods or services, or glorifies the goods and/or services of the company. Due ...
By Sanuj Das
Nearly three years after Merck (patentee) initiated an infringement action over its patented diabetics drug sitagliptin (Indian Patent 209816, sold under the brand names Januvia and Janumet), the Delhi High Court recently permanently restrained the defendant from the business of Sitagliptin.
Dated: Oct 23, 2015
By Nupur Kumar
Advertisement is the act of making a representation in any form in connection with a trade, business, craft or profession in order to promote the supply of goods or services [see end note 1]. Advertising serves as a tool to promote vigorous competition and public enlightenment but when it oversteps the ethics of generally accepted competit...
By Dr. Gaurav Gupta
The Department of Industrial Policy and Promotion (DIPP) formed a six member committee on 22nd October, 2014 to formulate National IPR Policy. The committee, referred to as the “IPR Think Tank”, is headed by Justice Prabha Sridevan, former judge at Madras High Court and Chairperson of Intellectual Property Appellate Board (IPAB). The draft National IPR Policy was released ...
By Aastha Aggarwal and Konpal Rae
The registration of designs in India is governed by the Designs Act, 2000, which was made effective from May 11, 2001, and the Design Rules, 2001. As per the Act, a design registration protects the features of shape, configuration, pattern, ornamentation or composition of lines or colors applied to articles. Since a design registration seeks to...
By Vindhya S. Mani
The Bombay High Court vide its judgment dated 15th September, 2014 in ITM Trust v. Educate India Society [see end note 1] granted an injunction in favour of the plaintiff, ITM Trust, against the defendant, Educate India Society, from using the mark "ITM" or any other deceptively similar mark in respect of technical and educational services so as to infringe ITM Trust's regi...
By Sarita Rout
The Chancery Division of the Community Trade Mark Court recently decided [see end note 1] against Victoria's Secret UK Ltd. [hereinafter referred to as the 'defendant'] in an infringement action brought by Thomas Pink Ltd. [hereinafter referred to as the 'claimant'] in respect of its registered trade marks in European Union and a series of two marks in United Kingdom [hereinaft...
By Prashant Reddy
In a new dimension to enforcement of trademark rights in India, the Enforcement Directorate (ED) of the Government of India has reportedly initiated action against two firms for allegedly infringing the registered trademarks of the public sector enterprise, Steel Authority of India Ltd. (SAIL).
As per news reports, the alleged infringers were conversion agen...
By Jasneet Kaur
A Division Bench of the Delhi High Court in a recent decision dated 10-12-2013 held that the television commercial which compares the product ‘Pepsodent Germicheck’ with ‘Colgate ST’ is not per se disparaging. However, the print advertisement published by the respondent (Hindustan Unilever Limited or ‘HUL’) involving the same comparison was held as prima facie disparag...
By Subhash Bhutoria
Contributing to the growing domestic IP jurisprudence, the Delhi High Court has recently upheld unfair competition tort in a matter pertaining to data and information emanating from a cricketing event and held that such information qualifies as quasi-property. This article briefly discusses the said emerging trend of protecting property rights through common law rem...
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