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Exacting Standards for Pharma Trademarks and their Dominant Parts

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

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Image accompanying blogpost on " Trademark opposition timelines are mandatory, and must be complied strictly, says the Delhi High Court"

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

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image for RECAP 2021- INDIAN TRADEMARK CASE LAWS

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…

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Image accompanying blogpost on "Important Indian Trademark Cases - 2021"

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…

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Case Brief Sun Pharma vs Cipla

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,…

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pharmaceutical patent x

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…

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