Facts
Plaintiff No. 2 was a wholly owned Indian subsidiary of Plaintiff No. 1, a water pump manufacturing company incorporated in USA. Defendant No. 1 was also a water pump manufacturing company registered under the Companies Act, 2013 and Defendants Nos. 2, 3 and 4 were former employees of Plaintiff No. 2.
The Plaintiffs had received engineering drawings via e-mail from the Defendant company, requesting for a reasonable quote for development of investment cast dies. The drawings in the mail were…
Facts
Plaintiffs, M/s Osram GmbH and Osram Lighting Private Limited [“OLPL”] filed a suit against Mr. Tejmeet Singh Sethi and Mr. Hartej Singh Sethi (Defendants) claiming their rights in the registered Trademark “OSRAM”. This mark was adopted by OLPL internationally in 1906 and later registered in India in 1945 by General Electric Company Limited. Plaintiffs were engaged in manufacturing a range of products comprising Lumilux Plus Fluorescent Lamps, CFL lamps and other related products. Plaintiffs found that Defendants, who were…
Facts
The Delhi High Court (the Court) merged four Writ petitions filed under Article 226/227 of the Constitution of India. The Petitioners had been restricted from exercising their right u/s 21 of Trademarks Act, 1999, to file an opposition against various trademark applications within 4 months of them being accepted and advertised. The Petitioners wanted to file an opposition for a trademark in view of the extension of limitation granted by the Supreme Court in 2020 in view of…
This running post provides a summary of the latest Trademark cases decided by courts in India in 2022:
Shyam Sel and Power Limited Vs. Shyam Steel Industries Limited
The Plaintiff, Shyam Sel and Power Limited filed a suit against the Defendant, Shyam Steel Industries Limited for the infringement of its Trademark and passing off, as the Defendant was using the plaintiff’s registered trademark ‘SHYAM’ on its invoices. Both the parties were involved in manufacturing and selling Thermo-mechanically treated bars, leading to…
Facts:
The Petitioner, Phonographic Performance Ltd., a company registered under the Companies Act, 1956, was a registered copyright society. It had assigned the copyright in various sound recordings for communication to the public in the area of public performance and broadcast, through which it owned/controlled the public performance rights of more than 350 music companies with 3 million international and domestic sound recordings. It provided a single window for various parties seeking a license for authorised use of sound recordings.…
Boehringer Ingelheim International GMBH vs The Controller Of Patents & Anr. on 12 July, 2022
Delhi High Court
Facts / Background
The Applicant, Boehringer Ingelheim International GMBH, had filed a National Phase PCT Application on 14th November, 2008, for 'Use of IV Inhibitors'. The patent specification had Claims numbered 1 - 18, with two claims numbered as 15, which were referred to as 15 and 15A.
The First Examination Report ("FER") was issued on 24th March, 2014, in response to…
This is a weekly post on copyright and entertainment laws.
FIR filed against creators of ‘Laal Singh Chaddha’
In light of the various controversies surrounding Paramount Pictures’ latest release, ‘Lala Singh Chaddha’, the creators of the film, as well as some of the leading actors, have recently become the subject of a First Information Report filed before the Commissioner of Delhi Police. The FIR alleges that the film contains certain scenes, dialogues, and plot lines, which are violative of Sections…
This week’s trademark updates are as follows:
A piracy of 'Torts'
In the matter of Allahabad Law Agency v. Amazon Retail India Pvt. Ltd. & Ors., the plaintiff sought for permanent injunction against several sellers on the defendant's platform who have been found selling pirated versions of the book- 'Law of Torts' by Dr. RK Bangia. A Delhi Court, understanding the gravity of the situation, has passed an ex-parte ad-interim injunction restraining the defendants and several others from either…
This week’s anti-trust and privacy updates are as follows:
Federal Court of Australia finds Google Inc. in Breach of Local Consumer Laws
The Federal Court of Australia, in 2021, had found Google in partial breach of local consumer laws. Google was found to be misleading users about collection of personal data such as location via Android mobile devices. Google conceding to the charges has agreed to pay a $60 million fine to the Australian Competition and Consumer Commission.
Disney Settles Anti-trust Suit…
On 2nd August, 2022, the Indian IP Office has opened up submissions for the NATIONAL INTELLECTUAL PROPERTY AWARDS 2021 & 2022. As stated in the announcement the objective of these awards is:
“Objective:
National Intellectual Property (IP) Awards are conferred every year to recognize and reward the top achievers comprising individuals, institutions, organizations and enterprises, for their IP creations and commercialization, which have contributed towards strengthening IP eco-system in the country and in encouraging creativity and innovation. National IP Awards…