Sun Pharma Archives

Exacting Standards for Pharma Trademarks and their Dominant Parts

In this infringement and passing off case filed by Sun Pharma against Glenmark, the Court was asked to determine if the trademark “INDAMET” infringes upon the trademark “ISTAMET XR CP”. Sun Pharma’s “ISTAMET XR CP” was registered in 2014 by its predecessor in title, and Glenmark’s trademark, INDAMET, was registered in 2021. Continue Reading Exacting Standards for Pharma Trademarks and their Dominant Parts

April 25, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 647Views 1Like

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Trademark opposition timelines are mandatory, and must be complied strictly, says the Delhi High Court

In this case, the Delhi High Court explored if a trademark opposition be ‘deemed as abandoned’ if there was a delay in service of evidence by the opponent in the opposition. The Court also explained whether the timelines mentioned in the Trade Marks Act and Rules are mandatory or not. Continue Reading Trademark opposition timelines are mandatory, and must be complied strictly, says the Delhi High Court

February 13, 2024 BananaIP Reporter Case Reviews, Intellectual Property, Trademarks 0Comment 793Views 0Like

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RECAP 2021- INDIAN TRADEMARK CASE LAWS

This post provides a summary of Indian Trademark Cases for the year 2021 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 operated under the mark, Albaik, in India between 2017 and…

January 31, 2022 BananaIP Reporter Intellectual Property, Trademarks 0Comment 6008Views 2Likes

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Important Indian Trademark Cases – 2021

In this post, we bring to you Important Trademark Cases decided by Indian Courts in the year 2021 Kaira District Cooperative Milk Producers Union Ltd and Anr. V/S. Maa Tara Trading Co. and Ors In this case, the Calcutta High Court passed an interim order against the Defendants, restraining them from using the trademark ‘Amul’ in connection with their products. The case was instituted by Kaira District Cooperative Milk Producers Union Ltd., who are the proprietors of the trademark ‘Amul’. It…

January 20, 2022 BananaIP Reporter Case Study, Intellectual Property, Trademarks 0Comment 23001Views 3Likes

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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 5594Views 1Like

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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…