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Namratha Murugeshan

Namratha is an undergraduate law student at NALSAR University of Law, Hyderabad.

Copyright Trademark

Bombay HC Denies Interim Injunction to Zee Against ‘De Dhakka’ Film Sequel

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A Single Judge of the Bombay High Court recently passed an order in the case of Zee Entertainment Enterprises v. Ameya Vinod Khopkar & Ors. The case concerned an allegation of copyright infringement and passing off in respect of the film ‘De Dhakka’. The Plaintiff had sought a permanent as well as an ad-interim injunction restraining the Defendants from producing a sequel of the film under the title ‘De Dhakka 2’. The Court refused to grant an ad-interim injunction, holding…


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Comparative Advertising Trademark

India’s First Covid-19 IP Dispute? Dettol Handwash Ad Claimed to Disparage Lifebuoy Soap Trademark

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In what seems to be India’s first (reported) coronavirus related IP dispute, Hindustan Unilever (HUL) took Reckitt Benckiser (RB) to the Bombay High Court over RB’s most recent Dettol handwash advertisement, alleging that it disparages HUL’s Lifebuoy soap trademark. Background The case came to the court after the HUL (‘Plaintiff’) came across RB’s (Defendant) advertisement promoting its Dettol handwash, which portrayed that bar/solid soaps aren’t as effective as the liquid soap for washing hands, which is particularly important for tackling…


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Others

SpicyIP Weekly Review (March 9 -15)

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Topical Highlight  In an extremely topical post, Swaraj wrote about how COVID-19 (Corona Virus) has brought forth the tension between public health and private-profits. Given the widespread panic, there have been many calls for delinking R&D costs from drug prices and finding new pharmaceutical innovation models. Swaraj notes that while open-access, open sharing of information along with greater calls for collaboration have been used in the emergency response, big pharmaceutical companies are still pushing for greater IP protection and liberty…


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Patent

No Reasons Why : Questioning Delhi HC’s Interim Injunction against Sun Pharma in Novartis’ Nilotinib Patent Infringement Suit

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On 20th February, the Delhi High Court in Novartis Ag & Anr v. Sun Pharmaceutical Industries passed an order issuing a temporary injunction restraining Sun Pharmaceuticals from launching its generic version of Novartis’ Nilotinib. The injunction was granted on the grounds that there was a prima facie case in favor of the plaintiff, that the balance of convenience also lay in favour of them and that they would suffer an irreparable loss without the injunction. Yet, there is no recording…


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Trademark

Another Amazon Original : How Amazon is Making and Breaking Trademarks

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If you browse through Amazon while shopping for something, you’d notice that apart from some unbelievable discounts, most of the brands offering these products are relatively obscure and that you are coming across such a brand name for the first time even though their product with its specs and features looks like it belongs right in your cart. If you are someone who has been using Amazon for a few years now, you’d have also realized that there is a…


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Drug Regulation Patent

Delhi HC Issues Notice on Petition Challenging Price Control Exemptions for Newly Patented Drugs

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The Delhi High Court recently issued notice on a petition by All India Drug Action Network (AIDAN) that challenged the Drug (Prices Control) Order 2013 and Drug (Prices Control) Amendment Order, 2019. The specific averments were concerning Paragraph 32, which is the list of exemptions, of DPCO 2013 and the amendment to it by the 2019 Order. Para. 32 of DPCO 2013 creates an exemption from price control for new drugs patented under the India Patents Act, 1970, thereby creating…


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