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Court reiterates importance of protecting consumers from confusion in case of pharma products

Court reiterates importance of protecting consumers from confusion in case of pharma products

The Delhi High Court deliberated a trademark infringement case between Modi MundiPharma and Win Health Pharma. Allegations of deceptively similar trademarks in pharmaceutical products were raised, with the Court emphasizing the risk of consumer confusion. The application to challenge the validity of the defendant’s marks was disposed of, framing key issues on the marks’ invalidity. Continue Reading Court reiterates importance of protecting consumers from confusion in case of pharma products
January 13, 2025 Case Reviews, Intellectual Property, Trademarks 0Comment 300Views 1Like
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"ACTIV" Trademark watch by CASTROL leads to win against deceptively similar mark

“ACTIV” Trademark watch by CASTROL leads to win against deceptively similar mark

The Delhi High Court granted Castrol Limited a permanent injunction and Rs. 7 lakh in damages in a trademark and copyright infringement case against Vivek Sen and another defendant. The defendants were restrained from using marks deceptively similar to Castrol’s trademarks, with evidence showing deliberate consumer misdirection. Continue Reading “ACTIV” Trademark watch by CASTROL leads to win against deceptively similar mark
December 27, 2024 Case Reviews, Intellectual Property, Trademarks 0Comment 469Views 0Like
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Court refuses interim injunction based on Patent Prosecution History

Court refuses interim injunction based on Patent Prosecution History

The Delhi High Court refused an interim injunction sought by Jay Switches in a patent infringement dispute against Sandhar Technologies. The Court found no prima facie infringement of Jay Switches’ patent for an airtight fuel cap and highlighted ambiguity in the claims. Sandhar was directed to maintain detailed accounts of product sales pending further proceedings. Continue Reading Court refuses interim injunction based on Patent Prosecution History
December 24, 2024 Case Reviews, Intellectual Property, Patents 0Comment 451Views 0Like
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Cannot drive on 'VOLVO' and 'FMX' marks' reputation rules court

Cannot drive on ‘VOLVO’ and ‘FMX’ marks’ reputation rules court

The Delhi High Court passed a permanent injunction and summary judgment in favor of AB Volvo and its group companies in a trademark infringement suit against Lamina Suspension Products Ltd. The court restrained the Defendant from using the “VOLVO” and “FMX” trademarks on leaf spring products, enforcing the settlement terms and protecting Volvo’s well-known trademarks in India. Continue Reading Cannot drive on ‘VOLVO’ and ‘FMX’ marks’ reputation rules court
December 21, 2024 Case Reviews, Intellectual Property, Trademarks 0Comment 426Views 1Like
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Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case

Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case

The Madras High Court allowed France Telecom’s writ petition, overturning orders rejecting its patent application due to procedural delays. The Court emphasized that errors by agents should not deprive applicants of statutory rights, directing the Deputy Controller of Patents to process the application as per the Patents Act, 1970. Continue Reading Madras HC Overrules Procedural Rejection in France Telecom’s Patent Case
December 19, 2024 Case Reviews, Intellectual Property, Patents 0Comment 384Views 1Like
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A jolly win for 'JOLLY RANCHER' against 'JOKY RAMPER'

A jolly win for ‘JOLLY RANCHER’ against ‘JOKY RAMPER’

The Delhi High Court issued a permanent injunction and awarded damages to Iconic IP Interests LLC and The Hershey Company in a trademark infringement and passing off case against Sarju Confectionery LLP. The defendant was found guilty of exploiting the goodwill associated with the “JOLLY RANCHER” mark by using a deceptively similar mark, “JOKY RAMPER,” and packaging. Continue Reading A jolly win for ‘JOLLY RANCHER’ against ‘JOKY RAMPER’
December 18, 2024 Case Reviews, Intellectual Property, Trademarks 0Comment 345Views 1Like
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Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity

Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity

The Delhi High Court upheld Novartis’s patent on Ceritinib, rejecting Natco Pharma’s claims of invalidity and allegations of material suppression. The court ruled that the divisional application’s refusal was immaterial to the case and reaffirmed the patent’s validity based on inventive step, novelty, and therapeutic benefits. Natco’s application to vacate the injunction was dismissed. Continue Reading Revisiting Novartis versus Natco – Cancer drugs, divisional applications and patent validity
December 17, 2024 Case Reviews, Intellectual Property, Patents 0Comment 711Views 2Likes
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Not everyone's cup of coffee! Cothas Coffee sips a trademark victory

Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory

The Bengaluru Court ruled in favor of Cothas Coffee in a trademark infringement and passing-off suit, granting a permanent injunction against Defendants for using “COTHA.” The case highlights the importance of trademark rights and adherence to legal agreements in competitive business practices. Continue Reading Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory
December 16, 2024 Case Reviews, Intellectual Property, Trademarks 0Comment 366Views 2Likes
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The sticky trademark fight between "FIGHTER" and "FITTER"

The sticky trademark fight between “FIGHTER” and “FITTER”

The Calcutta High Court has granted interim relief to Kamal Kumar Hirawat, restraining Maruti Poly Films from using the trademark “FITTER.” The Court held that the mark was deceptively similar to the petitioner’s registered trademark “FIGHTER,” used for adhesive tapes since 1995, and could cause consumer confusion, potentially harming the petitioner’s business. Continue Reading The sticky trademark fight between “FIGHTER” and “FITTER”
December 12, 2024 Case Reviews, Intellectual Property, Trademarks 0Comment 415Views 1Like
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Monster Energy falls short of "Energy for the 'Trademark' Journey"

Monster Energy falls short of “Energy for the ‘Trademark’ Journey”

The Madras High Court dismissed Monster Energy’s appeal against the refusal to register “Energy for the Journey” as a trademark, citing lack of distinctiveness. The Court upheld that generic or descriptive marks cannot be monopolized without evidence of secondary significance, allowing the appellant to reapply upon establishing distinctiveness through prolonged use. Continue Reading Monster Energy falls short of “Energy for the ‘Trademark’ Journey”
December 11, 2024 Case Reviews, Intellectual Property, Trademarks 0Comment 521Views 1Like
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