Category Archives: Trademark

Copyright Design Geographical Indication Patent Trade Secret Trademark

SpicyIP Tidbit: IPD Updates in Delhi, Calcutta and Madras High Courts

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Recently it was announced that a new roster of judges will take charge of the Delhi High Court’s Intellectual Property Division (IPD), with effect from November 28, 2022 (pdf). The new roster shall comprise Justice C. Hari Shankar, Justice Sanjeev Nirula and Justice Amit Bansal and will take over the division from Justice Prathiba M. Singh, Justice Navin Chawla and Justice Jyoti Singh. The earlier roster was effective from July 4, 2022.  IPD, Delhi High Court was formed on the…


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Copyright Drug Regulation Geographical Indication Patent Trademark

Spicy IP Weekly Review (November 22- November 28)

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It’s been another IP heavy week for the Indian IP landscape! Here is the last week’s review, discussing the 5 posts published on the blog along with summaries of 16 IP cases from Delhi High Court and a few national and international IP developments. (Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!)   Highlights of the Week Copyright and Classical Music: Not the Best Fusion? Akshat…


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Trademark

Forzest v. Folzest: DHC’s Quest for Setting the Balance Right

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A few days ago, Aparajita highlighted the need for a cautious approach by our courts while deciding on interim injunction applications in trademark disputes surrounding medicinal products. She discussed the underlying public health argument in such matters, which courts have frequently overlooked. However, the recent Delhi High Court order in Sun Pharma v. DWD Pharmaceuticals, confirming an ex parte interim injunction on account of public interest, presents a case that may fall on the other side of this spectrum. Despite…


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Patent Trademark

SpicyIP Tidbits: Request for an Interim Order in Nokia-Oppo SEP Case Refused; Unclean Hands Doctrine Used in Medicinal Product Trademark Case

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[The post is co-authored by Swaraj Barooah and Praharsh Gour]  The past week saw the Delhi High Court passing two significant orders pertaining to medicinal trademarks and SEPs. We’re still going over the orders and hope to bring out a more detailed assessment of both of these orders in the near future, however, for the time being here’s a quick overview. As always, any additional details or thoughts from readers are welcome!  Sun Pharmaceutical Industries Ltd. vs Dwd Pharmaceuticals Ltd…


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Copyright Geographical Indication Others Patent Trademark

Spicy IP Weekly Review (November 16- November 21)

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Here is our weekly review containing briefs of posts from the past week, 22 case summaries, and a few national and international IP developments. Do let us know in case you think we missed out on anything!       Highlights of the Week Pharmaceutical Trademark Confusion: Poison Pill or Public Health? Aparajita writes about the need of higher scrutiny while comparing competing marks in pharmaceutical products for similarity and confusion. She highlights that despite an order from the Supreme…


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Others Trademark

Delhi High Court on “Fly Higher” in Frankfinn v. Vistara

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In Frankfinn Aviation Service Private Limited v. Tata SIA Airlines, the Delhi High Court vacated the ex parte interim injunction (granted vide order dated 21 January 2022) where the High Court restrained Vistara from using “Fly Higher” in its advertisements, logos etc. In its order dated 28 October 2022, the High Court vacated the interim injunction on various grounds. I intend to confine the discussion to  the two fundamental grounds relied upon by the High Court. Vistara did not use…


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Others Trademark

Pharmaceutical trademark confusion: Poison Pill or Public Health?

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Early in 2001, the Supreme Court laid down legal standards to be followed by lower courts in pharmaceutical trademark infringement and passing off disputes. The court cautioned that ‘drugs are poisons, not sweets’ and in this vein, set high / strict standards for assessing similarity and confusion in pharmaceutical trademark disputes. To be sure, these standards are not the same as those applicable to non-medical products. The requirement for having a stricter standard for medicines is almost obvious. Confusion between…


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Copyright Design Patent Trademark

SpicyIP Weekly Review (November 8-November 15)

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We’ve had a busy week at SpicyIP with lots of IP developments on and off the blog. Below, you’ll find our quick summary including of four of our posts, 15 court orders passed in the last week, and some notable international developments. Did we miss anything big? Let us know in the comments below!   Highlights of the Week Congress and the KGF 2 Copyright Dispute: Ex-Parte Injunctions, Fair Dealing, and Blocking Orders In this post, Nikhil analyses the recent decision…


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Copyright Trademark

SpicyIP Tidbits: Compulsory License on Mira Behn’s Autobiography, and Stricter Test of Similarity of Marks for Medicinal Products

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[This post is co- authored by Swaraj Barooah and Praharsh Gour.]  Bombay HC Orders Public Notice Regarding CL to Translate Mira Behn’s Autobiography Recently, in the matter of Anil G Karkhanis v. Kirloskar Press, the Bombay High Court (BHC) began proceedings on what may become the first instance of a literary work being compulsory licensed in India. The work in question is the autobiography of Madeleine Slade (popularly known as Mira Behn), titled “The Spirit’s Pilgrimage”, which the petitioner seeks…


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Trademark

The Shape of Shape Marks in India

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We’re pleased to bring to you a guest post by Akshay Ajayakumar examining the Delhi High Court judgment in the recent Knitpro International case, on shape marks. Akshay is a lawyer based in Munich, Germany. He is a graduate of National Law University, Jodhpur, and is currently pursuing his LL.M in IP and Competition Law from Munich Intellectual Property Law Center (MIPLC) – A cooperation project of the Max Planck Society, the University of Augsburg, the Technical University of Munich,…


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