Our Associate, Abhilasha Rathore discusses “Export of a patented product in commercial quantities by a non-patentee amounts to infringement of patent rights” Recently, the Hon’ble Delhi High Court, in Bayer Intellectual Property GmbH & anr. v.Titan Laboratories Pvt. Ltd., reemphasized the need for protecting the interests of a patent holder. Bayer Intellectual Property GmbH (“Plaintiff”)...
Our Associate, Vishesh Kumar discusses “Balancing commercial and research interests in a patent – The Delhi High Court’s judgment in Pfizer Inc and Ors. v. Shivalik Rasayan Ltd” Recently the Delhi High Court, in Pfizer Inc and Ors. v. Shivalik Rasayan Ltd.., granted an ad-interim injunction in favour of the plaintiffs restraining the defendant from...
Our Associate, Sandeep Gupta discusses “Delhi High Court Injuncts User of Three-Letter Mark” Recently in two separate suits for infringement of trade mark and passing-off filed by USV Private Limited, the Delhi High Court granted ex-parte ad-interim injunctions against unrelated parties, Akme Biotec and Paksons Pharmaceutical Pvt. Ltd. USV alleged that it is the registered...
Our Associate, Aishwarya Pande discusses “An Un ‘Fair’ Battle Over GLOW & HANDSOME” Two of India’s cosmetics giants, Hindustan Unilever Limited (“HUL”) and Emami Limited (“Emami”), are engaged in a trade mark tussle over the names of their men’s cream brands, GLOW & HANDSOME and EMAMI GLOW & HANDSOME. Emami took objection over HUL’s announcement...
Our Associate, Caroline Mathews discusses “NOT PLAYING “NISE” The Hon’ble Delhi High Court in Dr. Reddy’s Laboratories Limited v. Pureca Laboratories Private Limited, granted an ad-interim injunction to Dr. Reddy’s against the defendant, Pureca Laboratories (“Pureca”) use of the mark PURE NISE-P on and in relation to tablets for a combination drug of Nimesulide with...
Our Associate, Parth Agrawal discusses “ISKCON declared as well-known trade mark by Bombay High Court” A well-known brand is not something which is built over night but is the result of a proprietor’s relentless investment in its brand to build a reputation and goodwill in their mark. These investments in the marks not only include...
Our Associate, Roohan Kathuria discusses “Jurisdiction of civil court in matters involving insolvency of party” The Hon’ble Delhi High Court, in an order dated June 26, 2020, dismissed GE Power India Ltd.’s (“Plaintiff”) suit against NHPC Ltd. (“Defendant”), alleging infringement of copyright in six (6) architectural drawings and violation of its rights in related confidential...
Our Associate, Sandeep Gupta discusses “Eli Lilly v. Natco Pharma” Recently the Delhi High Court, in Eli Lilly and Company & Anr. v. Natco Pharma Limited & Anr., granted an ad-interim injunction in favour of the plaintiffs restraining the defendants from making commercial use of the plaintiff’s patented drug Abemaciclib. The plaintiffs alleged that defendants...
Our Associate, Amay Jain discusses “Counterfeit Face Masks : The Pandemic’s Present to trademark and Copyright Litigation Regimes” In wake of the COVID-19 pandemic, the demand for face masks has risen exponentially. Consequently, the business of face masks has assumed great commercial significance as more and more traders look to capitalize on this opportunity to...
Our Associate, Anand Kumar discusses “Magical Combat Of Noodles” Recently, in ITC Limited vs Nestle India Limited (C.S.No.231 of 2013), the Madras High Court denied a permanent injunction to ITC Limited (“Plaintiff”). In this case, the Plaintiff sought to restrain Nestle India Limited (“Defendant”) from using the mark MAGICAL MASALA in respect of noodles. The...
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