Tag: Trademark Infringement

Image accompanying blogpost on "CASE BRIEF : Amazon Seller Services Pvt. Ltd. & Anr. vs Amazonbuys.in & Ors."

CASE BRIEF : Amazon Seller Services Pvt. Ltd. & Anr. vs Amazonbuys.in & Ors.

Facts The Plaintiff, Amazon Seller Services Pvt. Ltd., owns, operates and manages the India online marketplace at www.amazon.in on which lakhs of third-party sellers and buyers interact and conduct their transactions. Plaintiff No. 2, owns the trademark ‘AMAZON’ in various classes and copyright on the ‘AMAZON’ logos. Plaintiff No.2 has licensed its copyrights and trademarks to Amazon Seller Services, for the purposes of promotion, publication and merchandising within the territory of India. Amazon Seller Services alleged that the Defendants, Amazonbuys.in and others…

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Image for Latest Trademark Cases in 2022 - Part 3

Latest Trademark Cases in 2022 – Part 3

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: L’oreal v. Haridas PA & Ors. This was a suit for permanent injunction for restraining the Defendants and its agents from infringing Plaintiff’s well-known trademarks "L'OREAL, L'OREAL PROFESSIONNEL, L'OREAL PARIS" by violating its proprietary rights in its tradename and infringing its copyrights in its label and artistic works. The Court noted that the Plaintiff had the exclusive right to use the trademarks and…

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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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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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Image reads Intellepedia Latest Trademark Cases 2021

Latest Trademark Cases – 2021 | Part 1

This running post provides a summary of the latest Indian Trademark cases in 2021, decided by various Courts and tribunals in the country. El Baik Food Systems Co. S.A vs Arsalan Wahid Gilkar & Anr In a recent decision, the Delhi High Court granted an Ex-parte Injunction against use of the trademark 'Albaik' for restaurants and related services. The plaintiff in the case was the Albaik Group based out of Saudi Arabia, which started its business in 1986. The plaintiff briefly…

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image for RADICO KHAITAN LIMITED V. CARLSBERG INDIA PRIVATE LIMITED

Beer versus Whiskey- Beer Wins 8PM battle

This post was first published on September 24, 2011. RADICO KHAITAN LIMITED V. CARLSBERG INDIA PRIVATE LIMITED , decided on 16th September, 2011 by Delhi High Court Facts:- The plaintiff- Radico Khaitan Ltd. has been continuously and extensively carrying on an established and reputed business in respect of manufacture and sale of alcoholic beverages in India, as well as numerous countries across the world directly by itself and through its affiliates, subsidiaries, licensees, etc. The plaintiff adopted…

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Intellepedia - IP News Updates

Pepsodent’s Attaaaack on Colgate Continues

First Publication Date: 18th September, 2009.   In furtherance to our earlier blog here relating to the advertisement war between Colgate and Pepsodent and comparative advertising, the Delhi High Court recently, on 21st August 2013, denied grant of interim injunction against Hindustan Unilever Limited ('HUL'/Pepsodent) and held that Court was not persuaded at this stage to hold the impugned TV advertisement or the impugned printed advertisement by HUL to be disparaging of or denigrating the product ‘Colgate Dental Cream Strong Teeth’ of…

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The image depicts the logo of Mucosolvan. This post describes a recent win for its trademark in a legal tussle. Click on the image to read the full post.

MUCOSOLVIN confusingly similar to MUCOSOLVAN

This post was first published on 5th January, 2014.   The Hon’ble Delhi High Court delivered another thought-provoking judgment on the 16th of December, 2013 related to the pharmaceutical industry. The plaintiff in the present case is Boehringer Ingelheim Pharma Gmbh & Co., a German company with its principal place of business in Germany, whereas the Defendant is IPCA Laboratories Ltd., with its principal place of business in Mumbai. The Plaintiff has been using the trademark MUCOSOLVAN since 1979 in 56 countries including India for pharmaceutical…

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The image is a bottle of liquor 8 PM. The post is about a Delhi High Court decision about trademark in numbers. Click on image to view post.

Inebriated @ 8

This post was first published on December 22, 2011. In a very recent decision of the Delhi High Court in the case of Carlsberg India Pvt. Ltd. v. Radico Khaitan (decided on 20th December, 2011), a division bench revisited the ever debated question of trademark rights in numbers. A quick glance over the facts reveals that Radico has been the registered proprietor of the trademark '8 PM' for whiskey and other liquor. In February, 2011, Carlsberg launched Beer under the mark…

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