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Monthly Roundup: Key IP Cases reported in March 2023

BananaIP Counsels has been following the recent developments in Trademarks, Patents, Copyrights, and Designs cases. This monthly roundup provides some insight into the developments made in these cases by various High Courts in India. The month of March saw an interesting mix of intellectual property decisions from courts in India. This post brings to you a list of important decisions relating to Trademarks, Copyrights, Patents, Consumer Protection and Accessibility Laws. We hope that this information helps our readers stay informed…

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Battle over Khan Chacha Trademark

The Battle over “KHAN CHACHA” Trademark

The Delhi High Court, recently granted an ex parte interim injunction to the plaintiff Gupta And Gupta Pvt Ltd, restraining the defendants from using the mark “KHAN CHACHA”. The court observed that in cases involving trademarks or copyrights, an injunction is usually granted regardless of any delay in taking a legal action. This blog is a summary of the case so far. Continue Reading The Battle over “KHAN CHACHA” Trademark

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Subway Loses Battle for Interim Injunction against Suberb

Subway Loses Battle for Interim Injunction against Suberb

This post details a case between U.S.-based company ‘SUBWAY’ and Infinity Foods LLLP over allegations of trademark infringement. The court dismissed the application for an interim injunction due to changes made by the defendants within a week, as they deemed there was no point of infringement. Continue Reading Subway Loses Battle for Interim Injunction against Suberb

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GI Registration for Kashmiri Crafts: Delhi High Court Denies Interim Injunction on 'Schezwan Chutney' Trademark

GI Registration for Kashmiri Crafts: Delhi High Court Denies Interim Injunction on ‘Schezwan Chutney’ Trademark

This news has been prepared by Trademark Team at BananaIP Counsels to provide an overview of the latest developments in trademark law. Highlights include the Delhi High Court denying an interim injunction on the ‘Schezwan Chutney’ trademark, the similar pattern registered as a design does not disentitle trademark registration, no claim of trademark protection over words alone for ‘SANJHA CHULLAH’, and Kashmiri Crafts in line for Geographical Origin Stamps. These recent judgments by courts show the importance of your brand’s…

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Weekly Copyright, Media, and Entertainment Law Updates

This week’s copyright, media, and entertainment law updates are as below- Delhi HC issues summons to Bear Grylls in Copyright Infringement Case The High Court of Delhi issued summons to British television presenter Bear Grylls and others including NBC Universal Inc and its Vice President Tom Shelly, Warner brothers Discovery, OTT platform Hotstar, The Walt Disney, and Net Geo India, on a suit filed by Indian script writer Arrmann Shankar Sharma, who claimed that the former’s show has infringed upon his…

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Latest Trademark Cases in 2022 – Part 4

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: Lenskart Solutions Pvt. Ltd. v. M/s. Lenspark Optician The Plaintiff, an eyewear company selling various products throughout the country, contended that had it adopted and used the fanciful and inherently distinctive trademark “LENSKART” since 2009. Additionally, the Plaintiff contended that it was the owner and proprietor of the copyright in the original artistic work contained in the label. Lastly, the Plaintiff claimed that…

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Latest Patent Cases - Part 3

Latest Patent Cases in 2021 – Part 3

Novartis Ag & Anr. vs Natco Pharma Limited & Anr. This case relates to a patent covering Eltrombopag Olamine (Eltrombopag bis(monoethanolamine)) held by Novartis. The drug is used for treatment of thrombocytopenia sold under the brand name "REVOLADE." Novartis filed a patent infringement suit against the Defendant, NATCO, which was planning to launch the same product. In response NATCO claimed patent invalidity based on prior claiming, obviousness, Section 3d, industrial applicability and Section 8 non-compliance. After hearing the parties, the Court held…

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Latest Copyright cases, 2021- Part 6

Latest Copyright Cases – 2021 – Part 6

Mrs. Sellappapa Keeran v. S. Vijayaraghavan & Anr The Plaintiff, Mrs. Sellappapa Keeran, wife of late Pulavar Keeran, a famous religious Hindu preacher and historian, sought a declaration from the Madras High Court that she was the rightful owner of the copyright of her husband’s works. She also filed for an injunction against the Defendants, asking them to surrender all master tapes containing original recordings of the speeches, lectures and discourses and in any other form like cassettes or CDs. …

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Latest Copyright cases, 2021- Part 5

Latest Copyright Cases – 2021 – Part 5

M/s. Sun TV Network Ltd. v. M/s. Nitin Productions & Anr Defendant Nitin Productions assigned the copyright of the film “HUDUGAATA” in favour of the Plaintiff after receipt of the agreed consideration. By virtue of the agreement, the Plaintiff became the absolute copyright owner of the aforementioned film which included satellite rights, radio rights and other similar rights perpetually. However, Defendant M/s. Public TV, telecast songs from the film without obtaining prior permission. The Plaintiff, which held the copyright of…

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Latest Copyright Cases 2021, Part 4

Latest Copyright Cases – 2021 – Part 4

Saregama India Limited v. Next Radio Limited & Ors. The Apex Court, in the instant case, set aside an interim order passed by the Madras High Court, which held that copyrighted material cannot be broadcasted without prior notice as per Rule 29(4) of the Copyright Rules, 2013. The High Court had modified specific provisions of the Rule and applied it to the broadcasters, by opining that the Rule lacked flexibility and created difficulties for the broadcasters. The mandate to furnish…

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