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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,…
July 8, 2021 Copyrights, Intellectual Property, Trademarks 0Comment 4645Views 1Like
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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,…
July 8, 2021 Intellectual Property, Trademarks 0Comment 3079Views 0Like
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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…
June 9, 2021 Intellectual Property, Trademarks 0Comment 5375Views 0Like
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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…
August 4, 2019 Intellectual Property, Trademarks 0Comment 1327Views 0Like
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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…
July 31, 2019 Trademarks 0Comment 655Views 0Like
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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…
July 25, 2019 Intellectual Property, Trademarks 0Comment 1058Views 0Like
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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…
July 20, 2019 Intellectual Property, Trademarks 0Comment 637Views 0Like
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Trademark Violations in Comparative Advertising

This post was first published on December 2nd, 2012. Comparative Advertising is, as the name suggests, advertising that compares one product or service with another. Comparison is made with the intention of increasing the sales of the advertiser either by suggesting that the advertiser’s product is of the same or better quality to that of the compared product. The aim of such advertisement is to bring to public knowledge an honest comparison of one’s products with those of competitors.  Promotion…
April 28, 2019 Intellectual Property, Trademarks 0Comment 1025Views 0Like
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Autodesk, Inc. & Another v. Mr. Prashant Deshmukh & Others

This post was first published on June 25, 2011.   Facts: Autodesk Inc. is a U.S. based design software and digital content company which provides design software to professionals. It is also the owner of various Trademarks in India including AUTODESK and AutoCAD.  Microsoft Corporation is the owner of various well known computer software like Microsoft Office and Microsoft Windows, having a subsidiary company in India. In May, 2003, Microsoft received information from Mr. Devesh Tiwari, a Service Engineer for computers of…
February 15, 2019 Copyrights, Intellectual Property, Trademarks 0Comment 1432Views 0Like
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The featured image is of the trademark symbol . The post is abouT change in the name of Office for Harmonization in the Internal Market (OHIM) to European Union Intellectual Property Office. please click here to read more.

Could Exclusivity be Claimed Over the Word IMPERIAL for Alcohol?

  First Publication Date: 24th December 2009   The plaint was filed by Pernod Ricard S.A. France and Ors. alleging that the defendants’ (Rhizome Distilleries P. Ltd. and Ors.) whisky, Imperial Gold, was an imitation of and was structurally, as well as phonetically, similar to the Plaintiffs reputed trademark IMPERIAL BLUE and the registered trademark IMPERIAL RED. Also, the Defendants were said to have imitated the ROYAL STAG whisky label, in both the front and the rear panels. The whisky label was said…
October 28, 2018 Intellectual Property, Trademarks 0Comment 1305Views 0Like
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