Arun C Mohan

Arun C Mohan

Arun is a graduate of the London School of Economics and has experience in working on intellectual property and commercial matters, in India and internationally. He has appeared in various landmark litigation including the Novartis and TVS/Bajaj cases. He was a consulting editor of the Manupatra Intellectual Property Reports (MIPR), and has lectured in various colleges with an emphasis on intellectual property litigation.

COVID-19 Trademark

Curious Case of Coronil: Madras HC Restrains Patanjali from Using Trademark ‘Coronil’ for Its Immunity Booster Tablet


The Hon’ble Madras High Court has passed a detailed order on merits injuncting Patanjali from using the trademark ‘Coronil’. The order I daresay is one of the most elaborate and lucid orders in recent times from the High Court touching on the interpretation of the Trade Marks Act, especially Section 29(4). The breadth of resources relied upon, several of which appear to be the Judge’s own efforts definitely makes this judgment worthy of a patient read.  This remarkable judgment is…


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Trademark

Sri Krishna Sweets Trademark Dispute: Madras HC’s Take on SC’s Patel Field Marshal Judgment


The Hon’ble Madras High Court recently explored the contours of the rather well known Patel Field Marshal judgement (covered on the blog here and here) in M. Murali v. Sri Krishna Sweets Private Limited. Patel Field Marshal judgment The takeaways from the Patel Field Marshal judgment are quite straightforward. The Hon’ble Supreme Court held that all questions regarding the validity of a registered trademark are to be decided by the IPAB, thereby precluding the jurisdiction of civil courts. The IPAB’s…


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Copyright

Bombay High Court Finds Web Series ‘Singardaan’ Prima Facie Infringing: Does Copyright Law Protect Themes of Stories?


The Bombay High Court has for the past few years emerged as the epicenter of decisions on copyright law relating to films and media. Notable amongst these is the judgment in the XYZ Films case, which has been covered in the past on the blog here. The judgment is a truly delightful read especially the travails of the Judge in viewing the impugned movie. The judgment eventually culminated in a denial of injunction despite multiple points of coincidences and conceptual…


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Others

The Case for Keeping the IPAB Open – Part II


I am compelled to draft a reply to Prashant’s response to my post (which in turn was a response to the initial post by him and Prannv arguing for the shutdown of IPAB). The bulk of my ire is against the allegation that I have written my last post only because I make a living off the IPAB. I must state that the courts, especially the High Courts are substantially the means of my daily subsistence. Therefore, my views against…


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Others

The Case for Keeping the IPAB Open


I had read Prashant and Prannv’s post, and wanted to explain why scuttling the IPAB is not the fix for bureaucratic red-tapism, of which the IPAB has been a rather targeted victim. Needless to state there have been intermittent delays in appointing chairpersons and members to the IPAB. This was especially manifested in the appointment of the last two chairpersons. The cause of this delay cannot obviously be thrust on the Tribunal itself, which is subject to the vagaries of the…


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Trademark

Trademarks for Digital Currencies


The difficulty in defining virtual/crypto-currencies and its accompanying challenges has been beautifully captured by the prolific raconteur Justice V. Ramasubramanian in a recent judgment examining the validity of the RBI’s position in respect of virtual currencies, as: “Any attempt to define what a virtual currency is, it appears, should follow the Vedic analysis of negation namely “neti, neti”. Avadhuta Gita of Dattatreya says, “by such sentences as ‘that thou are’, our own self or that which is untrue and composed…


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