In a recent order, the Bombay High Court dismissed a petition filed by TikTok Limited (“TikTok”) challenging an order of the Registrar of Trade Marks Registry, Mumbai (“Registrar”), refusing TikTok’s application for inclusion of the mark TikTok in the list of well-known trade marks. The Registrar had refused TikTok’s application on the basis of the...
Recently, the Gauhati High Court declined to interfere with an order passed by the Trial Court in an appeal filed by Jay Baba Bakreswar Rice Mill Private Limited (“Jay Baba”) challenging the ex parte ad-interim injunction restraining Jay Baba from infringing Lunia Marketing Private Limited’s (“Lunia”) artistic work/copyright “ARHAM” and/or using similar trade dress. The Trial...
Recently, Apex Laboratories Pvt. Ltd. (“Plaintiff”), the manufacturer of a pharmaceutical product under the mark ZINCOVIT (registered since 1988), filed a suit for trademark and copyright infringement and passing off against Knoll Healthcare Pvt. Ltd. (“Defendant”), alleging that its ZINOLVITA mark and packaging, also for a pharmaceutical product, imitated the Plaintiff’s distinct device of fruit...
The Calcutta High Court, in Andreas Gutzeit v. Controller General of Patents (IPDPTA/7/2024), set aside the rejection of a patent application concerning a “Blood Flow Control System and Method for In-vivo Imaging,” highlighting the necessity for a well-explained decision when assessing claim amendments under Section 59 of the Patents Act. The patent applicant sought to...
In a recent judgment, the High Court of Calcutta addressed a dispute concerning infringement of trademark, copyright, and passing off, brought forth by ITC Limited (“ITC”). ITC, the proprietor of the well-known trademark GOLD FLAKE and its associated trade dress since 1905, brought an action against Pravin Kumar and eight other respondents (“Respondents”) for...
In a recent decision, the Delhi High Court in Zeria Pharmaceutical Co. Ltd. v. Controller of Patents (C.A.(COMM.IPD-PAT) 452/2022) addressed the hurdles of patenting intermediate compounds in India. The court upheld the rejection of a divisional application for a new intermediate compound, reinforcing strict standards for pharmaceutical patents. What Are Intermediate Compounds? In pharma, intermediates...
Recently, a Division Bench of the Delhi High Court allowed six appeals filed by Crocs Inc. against prominent footwear manufacturers in India viz Bata, Liberty, Relaxo, Aqualite, Action Shoes and Bioworld, in a passing-off action. The appeal overturned the single judge’s order which had dismissed Crocs’ suits on the ground that once a design is...
In a significant ruling, the Bombay High Court has set aside the Registrar of Trade Marks’ refusal to register Yamaha Hatsudoki Kabushiki Kaisha’s (“Yamaha”) trademark ‘WR’ filed under Class 12. The Registrar had rejected the application under Section 11(1) of the Trade Marks Act, 1999, citing potential likelihood of confusion with Honda Motor Company Limited’s...
Key Observations from the Pro-Tem ruling in Dolby v. Lava directing Security Deposit of over INR 20 crores The pro-tem order by the Hon’ble Delhi High Court directing Lava to furnish a security deposit of over INR 20 crores is an important milestone in the evolving Indian regime for standard-essential patents (SEPs) and FRAND licensing. The following eight...
In a landmark judgment clarifying the law on homonymous Geographical Indications (“GIs”), the High Court of Delhi recently adjudicated on the long-standing dispute between Chilean and Peruvian producers over the rights to the name PISCO. The petitioner, a Chilean association of Pisco producers challenged an Intellectual Property Appellate Board (“IPAB”) order that had granted a...
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