Recently, a two-judge bench of the Delhi High Court allowed an appeal filed by Lotus Herbals Private Limited (“Lotus Herbal”) against an order passed by the Ld. Single Judge of the Delhi High Court and granted an interim injunction against DPKA Universal Consumer Ventures Private Limited (“DPKA”) restraining it from using the LOTUS SPLASH and...
The Delhi High Court’s Division Bench in Boehringer Ingelheim Pharma GmbH & Co. KG v. Controller of Patents has delivered a significant ruling on the architecture of revocation under the Patents Act, 1970, in the context of IN 243301 covering Linagliptin. The decision addresses how Section 64 revocation interacts with Section 107 invalidity defences and with the...
Recently, the Bombay High Court vacated an ex-parte ad-interim injunction obtained by Elder Prrojects Limited (“Plaintiff”) against Elder Neutraciticals Private Limited (“Defendant”) and dismissed the Plaintiff’s application for temporary injunction, after finding gross suppression of material facts. The Plaintiff claimed to have coined and used the ELDER device mark since 1992-93 for pharmaceutical products...
Recently, the High Court of Delhi, directed the Registrar of Copyrights to remove the copyright registration obtained by Vijay Keshav Wagh (“Respondent”) for the artistic work titled “SHREE SAKSHAT” since it copied the TIGER beer logo owned by Heineken Asia Pacific Pte. Ltd. (“Petitioner”). It was the Petitioner’s case that the Respondent’s artistic work...
In Communication Components Antenna Inc. v. Rosenberger / PROSE, the Delhi High Court did much more than find a telecom patent valid and infringed. It showed how far an Indian court is willing to go when a whole group is pushing a patented technology into the market and it delivered a powerful message on how Indian...
The Calcutta High Court’s decision in Reckitt Benckiser v. Godrej gives an important reminder: a company cannot use branding law to keep a monopoly over a bottle shape after its design protection has run out. Reckitt Benckiser, known for its widely recognized Harpic toilet cleaner, had earlier secured design protection over its distinctive “duck neck” bottle. This...
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