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IPR Amicus: November 2016


Doctrine of lifting of corporate veil in trademark law

In a recent judgement, the Karnataka High Court indirectly applied the doctrine of lifting of corporate veil in the field of trademark law. A registered partnership firm sought permanent injunction restraining the defendant, a registered company from using its trademark. The company was incorporated by spouses of the partners who had retired from the partnership and it was argued that the covenant did not bind the company which was a distinct legal entity. However


Ratio Decidendi

  • Use of deceptively similar mark for pharmaceuticals – High Court grants permanent injunction
  • Trademark – Deception is possible even if the exact word is not copied - Bombay High Court
  • A word used in different script in another language can acquire distinctiveness – Bombay High Court


News Nuggets

  • The US Supreme Court is set to deliberate on the principle of laches in patent infringement


November, 2016/Issue-64 November, 2016/Issue-64

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