Author name: Aparajita Lath

There have been many recent trademark cases (e.g. Merck Kgaa & Anr vs Abhinav and Ashok Trading, 2014- where Carbophar was held to be deceptively similar to the trademark Carbophage and a permanent injunction was granted.) surrounding infringement suits over trademarks related to medicines. Trademark law assesses similarity of marks from the lens of an ‘average man of ordinary intelligence’ who has ‘imperfect recollection’. Though a critical comparison of two trademarks may disclose points of differences, their overall similarity may […]

Only talk doesn’t cook the rice! Rice, a source of a number of culinary delights, especially in India, is now the fodder for a legal battle. A trademark dispute over the use of the mark ‘Heritage’ with respect to rice is unfurling before the Delhi High Court. The plaint was first rejected by a single judge but was recently restored. In 2011, LT Foods ltd filed a suit seeking permanent injunction to restrain Heritage Foods from infringing its trademark- Heritage.

The respondents (Ricard) are world No.2 in the wines and spirits market, having an international presence in around 110 countries. The appellant (Real House Distillery) on the other hand, sell their alcoholic beverages only in the State of Goa. The respondents sell an anise flavoured aperitif (an alcoholic drink taken before a meal to stimulate appetite) under the label/logo “Ricard”.  The appellant claims it does not sell anise flavoured aperitifs under the label/logo “Real”. The respondent’s product is priced at