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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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Latest Patent Cases in 2021 - Part 2

Latest Patent Cases in 2021 – Part 2

Merck Sharp And Dohme Corp & ANR vs YMS Laboratories Private Limited In this case, the plaintiff, owner of patents pertaining to Sitagliptin and its derivative salts, filed an infringement suit against the defendant. The plaintiff prayed for an Ad Interim Injunction during the pendency of the suit. After reviewing the facts presented, the Court granted an Exparte Ad Interim Injunction as the plaintiff made out a prima facie case. The plaintiff in the case submitted evidence to show that…

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Duties of E-commerce entities in accordance with Proposed Amendment to E-commerce rules 2020

Obligations of Marketplace E-commerce entities and Inventory E-commerce entities.

The Center has extended the deadline for seeking suggestions on the proposed e-commerce rules till July 21, 2021 according to a notification issued by Center on July 5, 2021. Earlier the Ministry of Consumer Affairs had sought feedback on the proposed amendments to the Consumer Protection (E-Commerce) Rules, 2020, till July 6, 2021. Highlights of Duties and Liabilities of Marketplace E-commerce and Inventory E-commerce entities: Liabilities of Marketplace E-commerce entities: • To provide information about the country of origin, best before…

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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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Latest Indian Copyright Cases

Latest Indian Copyright Cases – 2021 – Part 2

This running post provides a summary of the latest Indian Copyright cases in 2021, decided by various Courts and tribunals in the country. 1. Mr. John Hart Jr. & Anr. vs. Mr. Mukul Deora & Ors, High Court of Delhi, CS (Comm) 38/2021 In this case, Plaintiff No. 1 claims to be vested with the exclusive copyright to make a movie adaptation of the book “The White Tiger” authored by Mr. Aravind Adiga by virtue of a Literary Option/Purchase Agreement dated…

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Decrease in Patent Statistics

Overall decrease in patent statistics, pandemic continues to stifle numbers

This week's Patent and Design data has been compiled from the Official journal of patents and designs, published by the patent office on the 2nd of July 2021. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm. INDIAN PATENT STATISTICS A total of 948 patent applications have been published in the 27th issue of the Patent Journal, 2021. Out of the 948 applications published in the journal, 180 applications…

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Trademark News x

Miley Cyrus Wins at CJEU, Adidas and LEGO Join Hands, and more

Miley Cyrus secures rights over her name, PepsiCo faces a trademark lawsuit over its new ‘Mountain Dew Rise’ beverage, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel INDIAN TRADEMARK UPDATES Delhi High Court Holds ‘Goodyear’ as Prima Facie Well-Known Mark The Delhi High Court, in a recent decision, held that the mark ‘Goodyear’, which has been used by Goodyear Tire and Rubber Company (Goodyear Co.) in India since the year 1920 in relation to tyres and…

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Weekly Patent News

After Natco, Bajaj Healthcare files compulsory license against Eli Lilly; EPO Enlarged Board of Appeal issues decision on ‘double patenting’ and more

In this week’s patent news: After Natco, Bajaj Healthcare files compulsory license application against Eli Lilly for Baricitinib; EPO Enlarged Board of Appeal issues Decision G4/19 – Applications can be refused for ‘double patenting'; IP5 meet virtually to improve application and examination procedures for AI patents; EPO launches ‘EPO Data Hub’ mobile app and Joint Release by WHO, WTO and WIPO Indian Patent News After Natco, Bajaj Healthcare files compulsory license application against Eli Lilly for Baricitinib Drug manufacturer, Bajaj Healthcare…

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Weekly Patent News - Patent and industrial design statistics

53% increase in patent publications this week, 41% increase in grants

This week's Patent and Design data has been compiled from the Official journal of patents and designs, published by the patent office on the 25th of June 2021. These statistics are presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading Intellectual Property Firm. INDIAN PATENT STATISTICS A total of 1,024 patent applications have been published in the 26th issue of the Patent Journal, 2021. Out of the 1,024 applications published in the journal, 203 applications account…

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