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Patanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement.

Patanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement

Recent trademark cases include the Delhi High Court’s decisions on a composite logo including ‘Patanjali’, Coca Cola’s ‘Kinley’ trade dress, and ‘Ball Head Racer’ packaging infringement. Continue Reading Patanjali for Education, Kenley for Water Bottles, and Head Racer Trade Dress enforcement

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Courts Award Litigation Costs In Recent Trademark Cases

Courts Award Litigation Costs In Recent Trademark Infringement Cases

This post discusses three 2023 Delhi High Court cases on trademark infringement, where plaintiffs received litigation costs. Each involves infringement issues leading to injunctions against further use of the infringing marks. These cases demonstrate the enforcement of IP rights and the financial consequences of infringement in the Indian intellectual property landscape. Continue Reading Courts Award Litigation Costs In Recent Trademark Infringement Cases

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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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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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Trademark Cases 2021 - Part 3

Latest Trademark Cases in 2021 – Part 3

This running post provides a summary of the latest Indian Trademark cases in 2021, decided by various Courts and tribunals in the country. Sony Corporation vs. K. Selvamurthy In this case, Sony Corporation filed a trademark infringement suit  claiming dilution of its well-known SONY trademark against a sole proprietor running a tours and travels business under the name, Sony Tours and Travels. After analyzing the facts before it, the District Court came to the conclusion that the defendant did not take…

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Sun Pharma’s big win against Cadila healthcare

  Cadila Healthcare is not only a popular name in the pharma industry but also in trademark circle. The people in the trademark fraternity are well aware about the landmark judgment involving Cadila Healthcare, which established the criteria for trade mark passing off action. Last week, the Madras High Court passed an order, i.e. a permanent injunction against Cadila Healthcare, refraining the company from using any similar trademark, as that of  "VENIZ " which belongs to Sun Pharmaceuticals. Sun Pharmaceuticals had  adopted the…

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Merck v. Glenmark – A Bitter Battle of Pills

  The Delhi High Court has restrained Glenmark from making and marketing generic versions of Merck Sharp & Dohme (MSD)'s popular antidiabetic drug “Januvia” (sitagliptin) and “Janumet” (combination of sitagliptin and metformin) in its latest order dated October 7, 2015. The order restrains Glenmark from making, using, selling, distributing, advertising, exporting, offering for sale or dealing in Sitagliptin Phosphate Monohydrate or any other salt of Sitagliptin in any form, alone or in combination with one or more other drugs or from…

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