Tag: interim injunction

Image for Latest Trademark Cases in 2022 - Part 4

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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Latest Copyright Cases 2021: Part 3

Latest Indian Copyright Cases – 2021 – Part 3

Muthoot Finance Limited vs Shalini Kalra & Ors In this case, the Plaintiff, Muthoot Finance Limited, a non-banking financial institution, provided business and personal loans against the deposit of gold jewellery. As a part of this business the Plaintiff had to maintain proprietary and confidential information related to its vast customer base in the form of a database which in turn constituted a ‘literary work’ as under Section 2(o) of the Copyright Act, 1957 and it also amounted to trade…

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Latest Trademark Cases in 2021 - Part 5

Latest Trademark Cases in 2021 – Part 5

Cross Fit LLC vs Mr. Renjith Kunnumal & Anr. The Plaintiff herein used ‘CrossFit’, a registered word and device mark, on a global basis for fitness & training services as well as its domain name www.crossfit.com. The Defendants were found using the name “SFC CROSSFIT” while imparting identical gym and fitness services, in their advertisements, website, social media handles, etc. Aggrieved by the same the Plaintiff filed a suit before the High Court of Delhi and an application seeking interim…

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Latest Patent Cases in 2021 - Part 2

Latest Patent Cases in 2021 – Part 2

Merck Sharp And Dohme Corp & ANR vs YMS Laboratories Private Limited In this case, the plaintiff, owner of patents pertaining to Sitagliptin and its derivative salts, filed an infringement suit against the defendant. The plaintiff prayed for an Ad Interim Injunction during the pendency of the suit. After reviewing the facts presented, the Court granted an Exparte Ad Interim Injunction as the plaintiff made out a prima facie case. The plaintiff in the case submitted evidence to show that…

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Case Brief Sun Pharma vs Cipla

CASE BRIEF : Sun Pharmaceutical Industries Limited vs Cipla Limited

FACTS OF THE CASE In this case, Cipla Limited, the Respondent/Plaintiff, filed a suit for permanent injunction before the Madras High Court. The suit was against Sun Pharmaceuticals Industries Limited, the Applicant/Defendant, as it infringed the Respondent/Plaintiff’s copyright and registered trademarks as follows: The Applicant/Defendant imitated and substantially reproduced the artistic packaging, trade dress and labels of the Respondent/Plaintiff’s ‘BUDECORT RESPULES’ and ‘DUOLIN RESPULES’ which amounted to infringement of their copyright in artistic works. These were Budeonide Nebuliser Suspension BP,…

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Trademark Updates part 4

Latest Trademark Cases in 2021 – Part 4

Sun Pharmaceutical Industries Limited vs Cipla Limited In this case, the Respondent/Plaintiff filed a suit for a permanent injunction before the Madras High Court against the Applicant/Defendant for infringement of its copyright and trademark. The Court herein, granted an interim injunction in favour of the Respondent/Plaintiff. Henceforth, the Applicant/Defendant filed three applications with a plea to vacate the interim relief granted on grounds of urgency. The plea was based on the fact that the drugs were of a huge amount,…

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