Prima Facie Case Archives

CASE BRIEF: Renaissance Hotel Holdings Inc. vs B. Vijay Sai and Ors.

Decided by Supreme Court of India on 19th January 2022 (Reportable) Facts The Appellant, proprietor and holder of the trademark ‘RENAISSANCE’, had filed a suit against the Respondents for a permanent injunction against the use of the allegedly infringing trademark ‘SAI RENAISSANCE’, as well as any other mark identical to the Respondents’ mark, ‘RENAISSANCE’. The Appellant discovered two hotels being run by the Respondents, in Bangalore and Puttaparthi, and noted that it copied the style, signage, and the word ‘RENAISSANCE’. The Respondents’…

February 1, 2022 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 5111Views 3Likes

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Take Down of Infringing Content from Telegram

DocTutorials Edutech Private Limited v. Telegram FZ-LLC & Ors., Decided by Delhi High Court, on 25th January, 2022. A suit was filed by the Plaintiff against unknown Defendants No. 5 & 6 (referred to as John Doe), as well as any other persons associated with them, for releasing its the paid content on a platform run by Defendants No. 1 & 2, i.e., Telegram. The Plaintiff Company provided online content for medical entrance exam preparations, through their website and mobile applications, and…

January 29, 2022 BananaIP Reporter Case Study, Copyrights, Intellectual Property, Media and Entertainment Law, Social Media Law 0Comment 3216Views 4Likes

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Recap 2021- Indian Patent Case Laws

In this post, we bring to you few Patent Cases decided by Indian Courts in the year 2021 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…

January 21, 2022 BananaIP Reporter Case Study, Intellectual Property, Patents 0Comment 6111Views 3Likes

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Latest Patent Cases in 2021 – Part 3

Novartis Ag & Anr. vs Natco Pharma Limited & Anr. This case relates to a patent covering Eltrombopag Olamine (Eltrombopag bis(monoethanolamine)) held by Novartis. The drug is used for treatment of thrombocytopenia sold under the brand name "REVOLADE." Novartis filed a patent infringement suit against the Defendant, NATCO, which was planning to launch the same product. In response NATCO claimed patent invalidity based on prior claiming, obviousness, Section 3d, industrial applicability and Section 8 non-compliance. After hearing the parties, the Court held…

December 20, 2021 BananaIP Reporter Intellectual Property, Patents 0Comment 5538Views 1Like

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Latest Designs Cases in 2021 Part – 1

M/S Kamdhenu Limited vs M/S Aashiana Rolling Mills Ltd In a case involving a registered design pertaining to double rib pattern of steel rods, the Delhi High Court cancelled the registration summarily stating that there is no need for a full trial. The Court came to this conclusion primarily based on the fact that the design that formed part of the registration was published as part of British, ISO and other standards before the filing date of the design application.…

November 17, 2021 BananaIP Reporter Case Study, Industrial Designs, Intellectual Property 0Comment 3089Views 1Like

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Latest Trademark Cases in 2021 – Part 6

RELIANCE INDUSTRIES LIMITED AND ANR. VS ASHOK KUMAR In this case, Reliance Industries Limited, the Plaintiff, found a hardware fittings and bathroom accessories retailer using their well-known mark ‘JIO’ and hence filed a trademark & copyright infringement suit before the Bombay High Court. The Defendant on 11th June, 2021 had filed two applications for registration of the mark JIO and pirated artwork which were advertised, claiming use since 16th December, 2016. The court noted that the Defendant not only copied…

August 26, 2021 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 4517Views 0Like

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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,…

July 8, 2021 Dr. Kalyan C. Kankanala Copyrights, Intellectual Property, Trademarks 0Comment 5776Views 1Like

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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,…