Passing off Archives

Sun Pharma’s big win against Cadila healthcare

Cadila Healthcare is not only a popular name in the pharma industry but also in trademark circle. The people in the trademark fraternity are well aware about the landmark judgment involving Cadila Healthcare, which established the criteria for trade mark passing off action. Last week, the Madras High Court passed an order, i.e. a permanent injunction against Cadila Healthcare, refraining the company from using any similar trademark, as that of "VENIZ " which belongs to Sun Pharmaceuticals. Sun Pharmaceuticals had adopted the…

June 15, 2016 BananaIP Reporter Intellectual Property, Trademarks 0Comment 913Views 0Like

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The featured image is a top shot of a coffe mug with black coffee and the mug surrounded by coffee beans. The post contains an episode of sipping on IP. To read more click here

Sipping on IP – Conversation on Intellectual Property

Well I am guessing the title of this post may have piqued your interest. ‘Sipping on IP’ is an initiative taken by BananaIP, where everyone gathers over coffee and lets ideas, discussions and conversations about intellectual property brew. There are no ground rules and the conversation can be about varied topics from more current pressing issues to any IP related concept. It is a great way to connect, take a break and learn from your peers. Let’s see what we sipped…

May 11, 2016 BananaIP Reporter Intellectual Property 0Comment 685Views 0Like

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The image is of an Apple Inc stor in Paris as the post is about a trade mark dispute concerning Apple. Cleck here to read more.

The SplitView Squabble

The Delhi High Court has recently vacated an ex-parte ad-interim injunction in the case of Apple Inc. v. Rohit Singh & Another.Rohit Singh, a software developer and consultant at Vyooh Low Level Computing LLP, initiated an action of passing off against Apple Inc. for using the mark ‘Split View’ or a deceptively similar variant in relation to its software products. Rohit Singh developed three proprietary software products, Split View, Disk View and View Scribe respectively. Vyooh claimed that Splitview has…

April 21, 2016 BananaIP Reporter Intellectual Property, IP Commercialization/Licensing, Trademarks 0Comment 866Views 0Like

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Pidilite Industries vs. Vilas Nemichand Jain.

This post discusses a recent case update with regard to prior use of a descriptive trademark. The case presents an interesting aspect of trademark law, i.e., when claiming for passing off action of a descriptive trademark, the Plaintiff must provide convincing evidence to establish the prior use and the secondary meaning which has been acquired for the trademark. The case described herein was filed on 26th July 2010 before the High Court of Bombay, by two companies namely, Pidilite Industries Limited…