2016

Holding Mother Dairy as a Well Known Mark, Delhi High Court Grants Permanent Injunction to Restrain its Misappropriation

/ By / Trademark

In a recent judgment [Mother Dairy Fruit and Vegetable versus S.K. Raheem], Justice R.K. Gauba of the Delhi High Court granted a permanent injunction in favour of Mother Dairy, restraining the use of its trademark/trade dress by the defendant in its milk products sold under the name Vinay Milk. One of the key factors undergirding the Court’s conclusion was that Mother Dairy is a well-known mark, meriting stronger protection than a trademark simpliciter. We have covered judicial determinations recognizing a […]

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A Look Back at India’s Top IP Developments of 2016

/ By / Others

India witnessed a number of significant IP developments in 2016. As the year comes to an end, let’s take a look back at these developments that kept the Indian IP landscape action packed throughout out the year. We have divided these developments into three categories: a) top 10 judgments/orders, b) top 10 policy related developments and c) other notable developments. The developments in the first two categories have been chosen owing to their jurisprudential impact (extremely well-reasoned on a point

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Breaking Free of the IP Freeze: Happy New Year!

/ By / Copyright

“Frozen” broke most box office records. And turned out to be the highest grosser for Disney studios. And yet this maverick of a movie almost never came to pass. Until a creative set of screen writers decided that they would stray from the parent script …one conjured up more than a century ago by Hans Christian Anderson, the celebrated childrens’ writer. Anderson wove his basic story around the “Snow Queen”, an evil queen who unleashes her freezing power upon the

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Delhi HC Overrules AAR Formula One Decision on Incidental Trademark Use

/ By / Trademark

In Formula One World Championship Limited v. Commissioner of Income Tax (the order is available here), the Delhi High Court on the 30th of August this year, overruled an order of the Authority for Advance Ruling (‘AAR’) on the incidental usage of the trademarks and logos owned by Formula One Licensing B.V. by Jaypee Sports Limited (‘Jaypee’) in the organisation and promotion of the Formula One Grand Prix in India (‘Grand Prix’). The Grand Prix, that saw three editions in

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In a Deeply Flawed Judgment, Delhi High Court Quashes Government’s Decision to Ban 344 FDCs

/ By / Drug Regulation

In a judgment that could have far-reaching implications for the safety of large numbers of Indian patients, a single judge of the Delhi High Court quashed the Government’s decision to ban 344 fixed dose combination (FDC) drugs earlier this month. On 10th March, 2016, the Central Government had prohibited the manufacture, sale and distribution of 344 FDCs, most notably the famous cough syrup Corex, in exercise of the powers conferred upon it by Section 26A of the Drugs and Cosmetics

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Delhi HC Brings More Christmas Cheer: Restrains IPRS et al. from Issuing Licences in Violation of S.33

/ By / Copyright

In the latest development involving “copyright societies” under the Copyright Act (“Act”), a Single Judge of the Delhi HC has restrained three entities- Indian Performing Rights Society (“IPRS”), Phonographic Performance Limited (“PPL”) and Novex Communications from issuing or granting licenses in breach of S.33 of Act. The interim order passed by Justice Sanjeev Sachdeva, came in a Writ Petition (“Petition”) filed by M/s Event and Entertainment Management Association (“Petitioner”) and has directed IPRS, PPL and Novex to refrain from any

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‘Tata’ is a well-known mark, reaffirms Delhi HC judgment in Tata Sons Limited v. Ram Niwas & Ors

/ By / Trademark

The Plaintiff filed the present suit inter alia seeking a decree of permanent injunction restraining the Defendants from directly or indirectly dealing in the business of providing transport; packaging and storage of goods; travel arrangement, packaging / moving services under the domain name http://www.tatapackers.com and/or using any trademark/ description/name/device bearing the trademark TATA or any other mark which is deceptively similar to the Plaintiff’s trademark TATA. [The judgment is available here] It is contended that the Plaintiff has been continuously using

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Interim Order in Zee Entertainment Enterprises Ltd. v. Saregama India Ltd.

/ By / Copyright

The Plaintiff filed the suit before the Delhi High Court for restraining the Defendant from infringing the copyright of the Plaintiff in the soundtrack and audio visuals (over the music of 29 cinematograph films). The Plaintiff contended that the claims of the Defendant arise from assignment in the year 1981. Citing Section 18(1) of the Copyright Act, it was contended that this assignment cannot vest in the Defendant the right of exploitation of the copyright in the medium or mode

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SpicyIP Weekly Review (December 18-24)

/ By / Others

Our topical highlight of the week has to be Pankhuri’s comprehensive analysis of the Delhi High Court’s Division Bench judgment in the DU Photocopy case. After briefly delineating the factual history of the case, she succinctly analyzes the 9 principal facets of the judgment. Thereafter, she outlines the reasons underpinning the Court’s central holding that preparation of course packs is permissible so long as the same is done for the purpose of educational instruction and discusses the ramifications of this

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Breaking News: Delhi HC Division Bench Rules in Favour of Safe Harbour for Intermediaries in MySpace-T Series Copyright Dispute

/ By / Copyright

In a path breaking judgment (“Judgment”), a Division Bench of the Delhi High Court has reversed the findings arrived at earlier by a Single Judge (Justice Manmohan Singh), on the question of intermediary liability and held that that intermediaries are immune from liability against copyright infringement for third party content unless “actual knowledge” on their part can be proved. The Bench, while arriving at the decision, has ruled that S.79 of the Information Technology Act, 2000 (“IT Act”) provides a

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