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,…
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,…
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…
This running post provides a summary of the latest Indian Trademark cases in 2021, decided by various Courts and tribunals in the country.
Sony Corporation vs. K. Selvamurthy
In this case, Sony Corporation filed a trademark infringement suit claiming dilution of its well-known SONY trademark against a sole proprietor running a tours and travels business under the name, Sony Tours and Travels. After analyzing the facts before it, the District Court came to the conclusion that the defendant did not take…
Increase of 4 percent in total trademark applications examined. A total of 2896 renewal notices issued. These statistics have been compiled from the official journal of the trademark office published weekly on Mondays.
INDIAN TRADEMARK STATISTICS
There has been an overall increase in the working capacity of the Trademark Registry this week. There has been an increase of one hundred and twenty percent (120%) in the total hearing notices issued. There has also been an increase of fifty three percent (53%)…
This running post provides a summary of the latest Indian Trademark cases in 2021, decided by various Courts and tribunals in the country. Part 1 can be accessed here.
Franco Indian Pharmaceuticals ... vs Micro Labs Limited And Anr
In this case, The Bombay High Court granted an Exparte injunction with respect to the word and label marks, Dexorange, and trade dress of the bottle. The trademarks were being used for folic acid supplements for more than 50 years, and the…
Mike Tyson initiates lawsuit against Australian streetwear company, Singh & Singh Law Firm wins trademark suit, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels
INDIAN TRADEMARK UPDATES
Singh & Singh Law Firm Secures Interim Injunction Against Singh + Singh LLP
In a recent decision by the Delhi High Court, Singh & Singh Law Firm received a favourable order, injuncting another law firm, Singh + Singh LLP from using the marks ‘Singh + Singh’, ‘Singh + Singh…
Decrease of 11 percent in total trademark applications examined. A total of 1888 renewal notices issued. These statistics have been compiled from the official journal of the trademark office published weekly on Mondays.
INDIAN TRADEMARK STATISTICS
The Trademark Registry comparatively has had a slow week in terms of working capacity as can be seen from the data below. There has been a decrease of 11 percent in the total number of applications examined by trademark office this Week.
Weekly Indian Trademark Statistics…
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…
Following the ordinance abolishing the IPAB, we updated all relevant intellectual property statutes to reflect the amended provisions. We are hereby sharing the links to the amended statutes along with word and pdf versions of the Acts in accessible formats. You may read about the changes in different statutes in the series of posts we had carried earlier at the following links: Patents Act, Trade Marks Act, Copyrights Act, Plant Varieties Act, and Geographical Indications Act.
The list below provides links…