Latest Trademark Cases in 2021

Agatha Christie Limited vs Registrar Of Trade Marks.

In this case, Agatha Christie Limited filed a trademark application for the mark, “And Then There Were None.” The Registrar rejected the application, and the Agatha Christie Limited appealed. The Delhi High Court came to the conclusion that there was no ground based on which the mark could have been rejected under the Trademarks Act, 1999, as the mark was not descriptive and because no similar marks were existing on the Register. It also pointed out that the mark was distinctive, and asked the Registrar to register the mark.
Citation: Agatha Christie Limited vs Registrar Of Trade Marks, Decided by Delhi High Court on 8 December, 2021, available at: https://indiankanoon.org/doc/183502564/, visited on 19th December, 2021.

Sun Pharma Laboratories Limited vs D.D.Pharmaceuticals Private Limited.

In this case, Sun Pharma filed three trademark infringement suits against DD Pharma with respect to adoption of similar trademarks. One of the trademarks of the Plaintiff was BUPRON, and the Defendant was using BUPRO.
DD Pharma primarily argued that its trademarks are not infringing because the trademarks were adopted by both parties from the names of active ingredients. With respect to BUPRON, the active ingredient was Bupropion Hydrochloride. It also argued that the marks are prescription drugs, which can be differentiated by doctors and pharmacists.
The Court disagreed with DD Pharma, and held that the likelihood of confusion required a lower standard of proof with respect to pharmaceutical products as confusion in drug marks is likely to cause harm to the general public. It also pointed out that patients are likely to be easily confused if the names are similar. Though the marks of both Sun and DD Pharma were adopted from the names of active ingredients, the Court stated that there is likelihood of confusion and granted a permanent injunction in favour of Sun Pharma prohibiting DD Pharma from using the marks in question.
Citation: Sun Pharma Laboratories Limited vs D.D.Pharmaceuticals Private Limited., available at: https://indiankanoon.org/doc/40229201/, visited on 25th November, 2021.

Exxon Mobil Corporation vs Mobilfuels Private Limited & Anr

In this case, Exxon Mobil filed a trademark infringement suit against MOBILFUELS for use of its registered trademark, MOBIL, as part of the name of its mobile app on Google Play Store. The defendant in the case was using MOBILFUELS as the name of its app. The Court passed an ex-parte injunction restraining the defendant from using the mark, MOBILFUELS, until the date of
next hearing.
Citation: Exxon Mobil Corporation vs Mobilfuels Private Limited & Anr, Decided by Delhi High Court on 29 November, 2021, available at: https://indiankanoon.org/doc/130852639/, visited on 1st December, 2021.

About BananaIP’s IP Consulting & Strategy Department

BananaIP’s IP Consulting & Strategy Department has the experience of helping companies use IP for business and competitive advantage. Companies regularly seek their assistance, advise and opinions on identifying/mining inventions and creations, conducting IP audits, protecting IP assets appropriately, launching risk free products, managing litigation for business benefit, resolving disputes out of Court, making money out of IP, enforcing IP, and licensing transactions.
Updates on recent orders and judgments are brought to you jointly by the Entertainment Law and Consulting/Strategy Divisions of BananaIP Counsels, a Top ranked IP Firm in India. If you have any questions, or need any clarifications, please write to contact@bananaip.com with the subject: Trademark Judgements

Disclaimer

Please note that these case updates have been put together from different sources, primary and secondary, and BananaIP’s reporters may not have verified all the decisions published in the bulletin. You may write to contact@bananaip.com for corrections and take down.

BUPRO BUPRON D.D.Pharmaceuticals ex-parte order exxon mobil interim order mobilfuels Similar Trademarks Sun Pharma Laboratories Limited Trademark infringement case trademark infringement suit

Celebrating 20 Years of IP Excellence

Latest Trademark Cases in 2021 – Part 14

Agatha Christie Limited vs Registrar Of Trade Marks.

Sun Pharma Laboratories Limited vs D.D.Pharmaceuticals Private Limited.

Exxon Mobil Corporation vs Mobilfuels Private Limited & Anr