Keyword Advertisement and IPR Considerations
by Bhumesh Verma, Managing Partner and
Abhisar Vidyarthi, Student Researcher, Corp Comm Legal
Cite as: (2019) PL (CL) May 78
Trademark
Del HC | Ajanta Pharma injuncted from selling its nutraceutical product GLOTAB in passing off suit brought by Sun Pharma; principles reiterated
Delhi High Court: Pratibha Singh, J., while allowing the suit brought by Sun Pharma Laboratories Ltd., passed an order injuncting Ajanta Pharma Ltd.
Bombay HC explains law regarding disparagment through TV commercials while deciding dispute between Kwality Walls and Amul
Bombay High Court: The Division Bench comprising of B.R. Gavai and Riyaz I. Chagla, JJ. partly allowed an appeal filed against the
Use of AAJ TAK in name of fortnightly magazine held to be in violation of trademark; injunction granted thereagainst
Delhi High Court: A Single Judge Bench comprising of Jayant Nath, J. passed a permanent injunction decree against the defendants, restraining them
‘DEVIN’ can be used as an EU trademark for mineral water: Court of Justice of the European Union
Court of Justice of the European Union: The General Court comprising of A.M. Collins, President, M. Kancheva (Rapporteur) and J. Passer, JJ.
Court free to invoke provisions of Order 8 Rule 10 CPC if defendant fails to file WS; permanent injunction granted against use of trademark CBN NEWS
Delhi High Court: A Single Judge Bench comprising of Jayant Nath, J. decreed a suit for permanent injunction by invoking the provisions
Packing and affixing brand names amount to manufacturing; appellants held liable to pay duty
Customs Excise & Service Tax Appellate Tribunal (CESTAT): This appeal was filed before V. Padmanabhan, Member (Technical) against the decision of Commissioner
Permanent injunction granted for infringement of trademark on satisfaction of ‘triple identity test’
Delhi High Court: A Single Judge Bench comprising of Manmohan, J. decreed a suit for grant of a permanent injunction against the
Summary judgment under Order XIII of Commercial Courts Act, 2015 passed for infringement of trademark SanDisk
Delhi High Court: A Single Judge Bench comprising of Manmohan, J. allowed a suit for permanent injunction, restraining the use of plaintiff’s
Trademark PARAS has acquired distinctiveness for milk products; use of same for cognate products held infringement thereof
Delhi High Court: A Single Judge Bench comprising of Pratibha M. Singh, J. decreed a suit filed by the plaintiff against the
Use of NATIONAL TIMES NOW retrained being similar to Bennett Coleman’s TIMES NOW
Delhi High Court: A Single Judge Bench comprising of Manmohan, J., allowed the suit filed by Bennett Coleman for restraining the defendant
SC restores trademark holding it not to be detrimental to the purported distinctive character of respondent’s mark
Supreme Court: The Bench comprising of A.K. Sikri and Ashok Bhushan, JJ., allowed a civil appeal filed against the judgment of Karnataka
Nestlé loses trademark in the shape of KIT KAT in EU; not enough to prove distinctiveness in some part of the region: ECJ
European Court of Justice: An appeal filed by Nestlé, chocolate maker, arguing for registration of the trademark in the shape of KIT
Injunction against Apple Inc. denied in absence of elements of irreparable injury and balance of convenience
Delhi High Court: A Single Judge Bench comprising of Rajiv Sahai Endlaw, J. rejected plaintiff’s interlocutory application in the suit seeking to
‘John Doe’ order prayed in light of copyright and trademark infringement
Calcutta High Court: A Single Judge Bench comprising of Soumen Sen, J., addressed the grievance of the petitioner who has prayed for
ECJ in Christian Louboutin Trademark Case: Shape of a product does not include its colour
European Court of Justice: In May 2013, Christian Louboutin initiated proceedings before the District Court, The Hague, Netherlands, claiming that Van Haren
Injunction against the use of trademark vacated in light of bona fide use of surname
Karnataka High Court: A Single Judge Bench comprising of L. Narayana Swamy, J. dismissed a miscellaneous first appeal while vacating the injunction
Delhi HC declares Louboutin’s ‘Red Sole’ as a trademark
Delhi High Court: A Single Judge Bench comprising of Mukta Gupta, J. declared the French designer Christian Louboutin’s ‘red sole’ shoes as
Trans-border reputation exists when public at large is aware of the trademark
Delhi High Court: While disposing of a passing off action, the Single Bench of Pradeep Nandrajog, J. held that to establish trans-border reputation
Scheme of Sections 124 and 125 of the Trademarks Act, 1999 explained
Supreme Court: Interpreting Section 125 of the Trademarks Act, 1999, the bench of Kurian Joseph and F. Nariman, JJ, stating that Section