Delhi High Court rules that a revocation petition survives even for an expired patent if an infringement suit seeking damages is pending. A single judge of the Delhi High Court held that the mere fact that the Petitioner, Macleods Pharmaceuticals Ltd’s (“Macleods”), had raised a defence of patent invalidity in an infringement suit filed by...
In a recent judgment passed by the Delhi High Court in the case of DCM Shriram Limited vs. Mr. Amreek Singh Chawla & Ors., the court stressed upon the obligations cast on parties, which seek equitable reliefs such as ex parte and/or ad interim injunctions, to approach the court with sincerity, and vacated the ex parte ad...
The Delhi High Court recently denied interim relief to Broad Peak Investment Holdings Limited (“Plaintiff”) which alleged trademark infringement and passing off of its BROAD PEAK mark by Broad Peak Capital Advisors LLP (Defendant). The Plaintiff claimed that it had used the BROAD PEAK mark since 2006, with its earliest registration in Singapore and UK...
The Delhi High Court has, in a suit for an injunction filed by Verizon Trademark Services LLC & Ors. (“Plaintiffs”), granted an ex-parte ad interim injunction, restraining Verizon Careers & Ors. (“Defendants”) from using the Plaintiffs’ registered and well-known trademark ‘VERIZON’, including, as a part of its corporate name, domain name, www.verizon-careers.com, and email address,...
In a recent order, the Delhi High Court emphasized that plaintiffs seeking injunctive relief must establish a prima facie case and accordingly granted an ex parte ad interim injunction in favor of the plaintiff. The plaintiff alleged that the defendant was using the mark ALLY CENTURY to market and sell products identical to those of the plaintiff, thereby...
Recently, the High Court of Delhi issued a permanent injunction, ordering the defendant, Amazon Technologies Inc. (“Amazon”) to pay INR 339.25 crores as damages (including costs) to the plaintiffs, Lifestyle Equities C.V. and Lifestyle Licensing B.V. (hereinafter collectively called “Lifestyle”) for infringing Lifestyle’s registered trademark, Beverly Hills Polo Club Device (“BHPC Device”). Lifestyle initiated a trade...
The Single Judge of the Delhi High Court had recently restrained the Defendants, Sammaan Capital Limited and Ors. (part of the Indiabulls Group) from using the trade marks SAMMAAN and SAMMAAN CAPITAL which the Plaintiff, Svamaan Financial Services Pvt. Ltd., alleged to be similar to their SVAMAAN trade mark. However, the Division Bench of the...
A Division Bench of the Delhi High Court, in a review of one of the appeals stemming from a judgement that decided two appeals, held that the review of the judgement concerning one appeal is maintainable and, on the merits, the court held that portmanteau marks can be protected and granted an injunction against the...
The recent ruling by the United States Court of Appeals for the District of Columbia in Thaler v. Perlmutter has reaffirmed that human authorship is essential for claiming copyright protection for works under the US Copyright Act and upheld the US Copyright Office’s refusal of a copyright application, filed by Dr. Stephen Thaler, for registration of...
The Delhi High Court recently restrained Pritamdas Arora, trading as M/s Medserve (“Defendant”) from manufacturing, selling or dealing in counterfeit medical devices bearing Johnson & Johnson’s (“Plaintiff”) trademarks, SURGICEL, ETHICON and LIGACLIP. Further, the court has awarded Johnson & Johnson damages of INR 3.34 crores (approximately) for the Defendants’ counterfeiting activities. The Plaintiff, through its...
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