Tag: Bombay High Court

Weekly Trademark Updates

This week’s trademark updates are as follows – PhonePe' vs 'DIGIPE' - Madras High Court grants interim relief to the plaintiff PhonePe Private Limited, the plaintiff, has been in the Unified Payments Interface (UPI) business since 2016. DigiPe Fintech Private Limited, the defendant filed an application for registration of the mark "DIGIPE" in September 2022 even after being issued a legal notice by PhonePe. The Madras High Court has temporarily restrained defendant from using its mark 'DIGIPE' following a trademark infringement…

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Safex Chemical India Ltd vs The Controller Of Patents And another

You Shouldn’t have filed a Post-Grant Opposition, says Bombay High Court

Safex Chemical India Ltd vs The Controller Of Patents And another In this case, Safex Chemical India Limited (“Safex”) filed a writ petition before the Bombay High Court with respect to the denial of the opportunity to respond to amendments in a pre-grant opposition. The patent application in the case is related to the chemical composition for increasing crop yield. Read More Continue Reading You Shouldn’t have filed a Post-Grant Opposition, says Bombay High Court

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Image accompanying blogpost on "CASE BRIEF : Mody Pumps Inc. & Ors. v. Sovereign Pumping Solutions Pvt. Ltd. & Ors."

CASE BRIEF : Mody Pumps Inc. & Ors. v. Sovereign Pumping Solutions Pvt. Ltd. & Ors.

Facts Plaintiff No. 2 was a wholly owned Indian subsidiary of Plaintiff No. 1, a water pump manufacturing company incorporated in USA. Defendant No. 1 was also a water pump manufacturing company registered under the Companies Act, 2013 and Defendants Nos. 2, 3 and 4 were former employees of Plaintiff No. 2. The Plaintiffs had received engineering drawings via e-mail from the Defendant company, requesting for a reasonable quote for development of investment cast dies. The drawings in the mail were…

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Latest Trademark Cases in 2021 - Part 12

Latest Trademark Cases in 2021 – Part 12

Pidilite Industries Limited v. Platinum Waltech Limited The Plaintiff filed this suit against the Defendant seeking relief in trade mark, copyright and designs combined with causes of action in passing off in each. The Plaintiff was a well-known manufacturer of products relating to the construction and paint industry and had a worldwide presence since 1969. The Plaintiff had several trademarks related to its products which included the DR FIXIT mark with a distinctive device of a man wearing a yellow…

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The featured image shows coffee in a white small cup with a spoon placed next to it. The post is about sipping on IP. To know more, please click here.

Intellectual Property : Sipping on IP

Well I am guessing the title of this post may have piqued your interest. ‘Sipping on IP’ is an initiative taken by BananaIP Counsels, where everyone gathers over coffee and lets ideas, discussions and conversations about intellectual property brew. There are no ground rules and the conversation can be about varied topics from more current pressing issues to any IP related concept. It is a great way to connect, take a break and learn from your peers. Date: 02/08/2016 Topics discussed Anchita,…

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The featured image shows a picture of the actor Hrithik Roshan. The post is about the latest copyright infringement dispute regarding the film Mohenjo Daro. To know more, please click here.

Mohenjo Daro clears copyright infringement case

  The makers of the movie 'Mohenjo Daro' heaved a sigh of relief when the Bombay HC on August 2nd,2016 (Tuesday) dismissed a plea for an interim relief by the plaintiff who had alleged that the director of the movie had supposedly infringed his copyright in the script. The plaintiff, Akashaditya Lama had sent a legal notice to the producers of the movie Mohenjo Daro,director Ashutosh Gowariker and Hrithik Roshan, seeking a stay on the film’s production and release. He alleged…

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Trademark Infringement

Pidilite Industries vs. Vilas Nemichand Jain.

This post discusses a recent case update with regard to prior use of a descriptive trademark. The case presents an interesting aspect of trademark law, i.e., when claiming for passing off action of a descriptive trademark, the Plaintiff must provide convincing evidence to establish the prior use and the secondary meaning which has been acquired for the trademark. The case described herein was filed on 26th July 2010 before the High Court of Bombay, by two companies namely, Pidilite Industries Limited…

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The featured image shows a movie reel. The post deals about the online leak of udta punjab. To know more, please click here.

Hollywood Copyrights and Bollywood Copy(right!?)

‘Plagiarism’ is not a foreign word to the entertainment industry. It is not uncommon in Bollywood to dress ‘plagiarism’ as ‘inspiration’. Studies show that nearly eight out of every ten Bollywood movies produced is “inspired” by one or more Hollywood films. Bollywood has time and again faced criticism for its “blatant copying” of Hollywood storylines and for having taken undue advantage of the unfamiliarity of the Indian audiences with respect to international films. Although very few western studios attempted to…

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Compulsory Licensing in India

  Mark Twain once said “Get your facts first, then you can distort them as you please”. How is this relevant to this Compulsory Licensing post here? You need to read on to discover that.   The history of Compulsory Licensing can be traced back to the UK Statute of Monopolies in 1624, which ruled out monopolies associated with patent, and stated that grants should not be mischievous to the State‘ or hurt trade. The UK recognized compulsory licensing in terms of…

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Lee Pharma v. AstraZeneca- An unfinished Patent Story

Compulsory licensing cases and India have a peculiar relationship. They are in a way, soul sisters in the world of Intellectual property. Section 84 of the Patents Act, 1970 has always been the subject of intense debate. It hasn’t been very long since India issued its first ever compulsory licence to Natco Pharma, an Indian generic company, for Bayer’s blockbuster anti-cancer drug Nexavar (Sorafenib) in March 2012. Two other CL applications followed the Nexavar case, one relating to Roche’s Herceptin…

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