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  • Article

    Mother Dairy Given ‘Well-Known' Mark Status By The Delhi High Court

    In a recent case decided by the Delhi High Court, Justice R.K. Gauba granted a permanent injunction in favor of Mother Dairy, restraining the use of its trademark/trade dress by the S.K. Raheem & Others.
    IndiaIntellectual Property
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Nexus Between Territorial Jurisdiction and Cause of Action

    ‘Territorial jurisdiction’ has become a burning issue recently before the Supreme Court and High Courts. The conflicting decisions of Allahabad High Court in Civil Appeal No. 6248 of 1997 and Delhi High Court in Civil Appeal No. 16 of 1999 relating to territorial jurisdiction led to the decision of Dhodha House "Patel Field Marshal Industries v. S.J.Maingi" P.M.Diesel Ltd. (2006(32) PTC 1 (SC)) by the Supreme Court.
    IndiaIntellectual Property
Lex Orbis
Lex Orbis
  • Article

    No Interlocutory Injunction If Damages are Adequate Remedy

    It is a settled rule that when damages can form adequate remedy, injunctions are not awarded. In the case of Dart Industries Incorporation Anr. V. Technoplast & Anr. 2007 (35) PTC 139 (Del.) apart from reiterating the above principle, the Delhi High Court dealt with the questions of passing off and infringement of designs and copyright.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Office Of CGPDTM, Mumbai Extends Limitation Period

    India is currently facing an unprecedented spike in the coronavirus cases with the spread of the latest Omicron variant.
    IndiaIntellectual Property
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    Panasonic Restrained From Selling Fans Deceptively Similar To Havells

    In a recent judgment by the Delhi High Court (Havells India Limited vs. Panasonic Life Solutions India Pvt. Ltd., CS (COMM) 261/2022), the Bench comprising single judge, Justice Jyoti Singh...
    IndiaIntellectual Property
    Kan & Krishme
    Kan & Krishme
  • Article

    Patentee Rights During Pendency Of Post-Grant Opposition

    In the case of Novartis AG & ANR v Natco Pharma Ltd, Swiss Pharma major Novartis has been granted patent for novel and inventive compound "Certinib" for treatment of non-small cell lung cancer.
    IndiaIntellectual Property
    Khurana & Khurana, Advocates and IP Attorneys
    Khurana & Khurana, Advocates and IP Attorneys
  • Article

    Prior User Favors Registration As Trademarks

    The establishment of prior user of a mark is an important strategy in defending infringement actions where the mark and the goods covered are identical as well as in trademark prosecution stages.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Redressal Of Trade Mark Infringement Under Companies Act

    One of the major strategies of the misusers is to adopt famous/well known marks as a part of their trading style/corporate name. Obviously, the intention is to choose a name that is easy to recollect and gives the impression of being associated with a well-known company.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Regional Players as Bonafide Users??

    The Trademark battle often runs into taking the shape of a suit for infringement, deception, claim of being a prior user, so on and so forth.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Second Time Also Not Myshow!!

    Over the years, laws relating to Intellectual Property Rights in India have witnessed rapid growth and significant development.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Section 3(k) Of The India Patents Act, 1970: A Never Ending Challenge For IT Giants

    In the Indian Patents system Section 3 holds lot of importance and gathers news because of its complexity and voidable nature.
    IndiaIntellectual Property
    S&A Law Offices
    S&A Law Offices
  • Article

    Section 63 Of The Copyright Act Held To Be Cognizable And Non-bailable The Apex Court

    Putting an end to the ambiguity with respect to whether, or not, Section of the Copyright Act, 1957 (the Copyright Act) was cognizable and non-bailable.
    IndiaIntellectual Property
    TMT Law Practice
    TMT Law Practice
  • Article

    Stadmed Private Ltd. vs. Abbott Laboratories

    The question whether two marks are deceptively similar is an important question which arises for consideration in connection with registration of trademarks. A trademark is said to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion [Section 2 (i) (h) of Trademarks Act, 1999].
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Statute Obligates Conduct Of Search By Registrar

    Trademark has emerged as one of the vital instruments in generating business. Once the mark becomes associated with the business, it instills a substantial amount of goodwill to the business. It has become a prevalent practice that the business concerns adopt a trademark much before the actual initiation of business.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Supreme Court's Decision On Jurisdiction Likely To Have Impact On IP Litigation Strategies

    IPRS and Advance Magazine (collectively referred to as the plaintiffs) had filed suits for copyright infringement and trademark infringement, respectively, in the High Court of Delhi on the ground that they had a branch office in Delhi.
    IndiaIntellectual Property
    Khaitan & Co.
    Khaitan & Co.
  • Article

    Teva Api India Pvt. Ltd. & Anr. Vs. Merck Sharp & Dohme Corp & Anr.

    In a recent patent infringement case Teva Api India Pvt. Ltd. & Anr. v. Merck Sharp & Dohme Corp & Anr. FAO (OS) (COMM) 34/2016, the Division Bench of the Delhi High Court vide its order dated May 30, 2016.
    IndiaIntellectual Property
    S.S. Rana & Co.
    S.S. Rana & Co.
  • Article

    The Place Of Generics In A Product Patent Regime

    The product patent regime in India fulfilled a long standing need of the pioneer drug makers across the world wanting to market their drugs in India but at the same time forced the generic drug makers to stop their activities.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    Tug Of War Between ‘Rules’ And ‘Statute’ Continues

    The foundation of ‘Rules’ is presumed to be dependent on the statute and the main objective of ‘Rules’ is to provide ways to implement the substantive law. But at times, there emerges conflict between the substantive law and the procedural law.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Article

    UPC And EPO – Parallel Paths, Divergent Decisions In Pharma/biotech Patent Litigation

    The European patent landscape is evolving rapidly, particularly in the pharmaceutical/biotech sector, where the Unified Patent Court (UPC) and the European Patent Office (EPO) are shaping litigation strategies.
    IndiaIntellectual Property
    Dentons
    Dentons
  • Article

    “Res Ipsa Loquitor” Revisited In Awarding Injunction To “Diamond” TM

    "Res ipsa loquitur" is a legal term from Latin meaning, "the thing itself speaks". Being significantly applied in tort law, the principle first found place in the 1863 English case of Byrne v. Boadle.
    IndiaIntellectual Property
    Lex Orbis
    Lex Orbis
  • Showing 721–740 of 3988 results

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