Category Archives: Trademark

Others Trademark

Justice Manmohan Singh’s flawed judgment on biosimilars


In this post, Prashant Reddy examines Justice Manmohan Singh’s judgment in the lawsuit filed by Genentech and Roche against Biocon and Mylan over the launch of a biosimilar for Herceptin ®. Prashant, through his incisive analysis, argues that the judgment lacks coherent reasoning. This is indeed a “disturbing trend” since India is a common-law jurisdiction and therefore, legal reasoning forms an important component of legal jurisprudence. Recently, Prof. Shamnad inter alia dealt with this issue here. [*Long Post] Justice Manmohan…


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Semi Conductor Chip Protection Trademark

Ultratech Cement versus Dalmia Cement: Bombay High Court on Protection of Components of Registered Marks


In a fairly straightforward case of trademark infringement and passing off, Justice S.C. Gupte of the Bombay High Court dismissed the plaintiff’s application for interim relief on the ground that there was no concrete likelihood of deception or confusion. While the case is otherwise quite unexceptional, the judgment makes for interesting reading because of the court’s lucid enunciation of the difference between a descriptive mark and a prominent/essential mark and the discussion on the rights of owners of registered trademarks…


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Copyright Data Exclusivity Others Patent Trademark

Judging Judges: Reviewing Justice Singh’s IP Jurisprudence


In this guest post, Prashant Reddy reflects on the major decisions by Justice Manmohan Singh of the Delhi High Court in the field of intellectual property law and on the larger question of criteria for appointment of persons to the position of Chairperson of the Intellectual Property Appellate Board. Warning: Very long post ahead. Title: A review of Justice Manmohan Singh’s judgments Author: Prashant Reddy As reported by Shamnad recently, the grapevine has it that Justice Manmohan Singh of the…


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Trademark

Plain Packaging: A Reality for India?


There have been some interesting new developments in the already controversial plain packaging issue. Simply put, this controversy revolves around the proposal to introduce bland, colourless packaging for cigarettes and other tobacco products with just the name of the brand in plain text, accompanied by a large graphic health warning. This is done in order to make these products less attractive to young people. Read more about the plain packaging issue here and here. Plain Packaging PIL Recently, an Allahabad…


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Trademark

The Other Mass Killing: TM Genericide


We bring to you a guest post by Harshavardhan Ganesan on the issue of trademark genericide and what companies can do to prevent it. Our previous posts on this topic can be found here and here. Harshavardhan Ganesan is currently an LLM student at the University of California, Berkeley where he is specializing in Intellectual Property Law. The Other Mass Killing: TM Genericide Introductory Eulogy: Trademark  Genericide: The 27 club for Trademarks (“TM”). Every year, the morbidly worded Trademark Genericide…


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Patent Trademark

Crowning Glory at the IPAB: Singh will be King?


As some of you know, the IPAB has been without a chairman these past two weeks, ever since Justice Basha attained super-annuation in mid May. The Times of India reports: “Patent and trademark disputes pending for years before the Intellectual Property Appellate Board (IPAB) will suffer some more delay, as the national body has now been reduced to a headless and a one-member institution. Its chairman Justice K N Basha attained superannuation on May 13, and the lone technical member…


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Trademark

Blue Frog v Blu Frog: Piggybacking on Reputation


We bring to you a tidbit that will interest regular visitors of the Blue Frog restaurant in Mumbai. The Bombay High Court recently passed an interim order in Frog Company Pvt. Ltd v. Blu Frog Kitchen & Lounge restraining a little known Belgaum based restaurant named “Blu Frog” from infringing on the trademark of the well known Mumbai restaurant, “Blue Frog”. Interestingly despite the order, Blu Frog’s Facebook page continues to be active. Justice Patel while ruling in favour of…


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Trademark

Delhi HC’s Split Views on the Apple Trade Mark Issue


In this post, Prateek Surisetti, our SpicyIP-Fellowship applicant, examines the “splitview” trademark case before the Delhi High Court. [Editor’s note: A typo in the heading of one of the arguments which had earlier altered the meaning of that argument has now been corrected] Delhi HC’s Split Views on the Apple Trade Mark Issue by Prateek Surisetti On March 1st, a single judge passed an order restraining Apple from using the word “SplitView” on account of alleged passing off claims from a…


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Trademark

Interplay between S. 29(4) and 29(5) of the TM Act : Smile at the Perils Past?


We have for our readers an insightful post by Jasneet Kaur on the interplay between Section 29(4) and Section 29(5) of the Trade Marks Act, 1999 in light of the diverenging views taken in the cases of Cipla Limited v. Cipla Industries Pvt. Ltd. & Anr. (2016) and Raymond Limited v. Raymond Pharmaceuticals Private Limited (2010), ultimately leading to a referral to a larger bench. Jasneet is an independent legal practitioner with extensive experience in trade mark law, having worked with the IPR divisions…


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Copyright Trademark

The Dead Wear Gucci


If you think material possessions are transitory, you maybe wrong, you can now own your favorite designer products in this world and the next. This interesting news article on Gucci has been doing the rounds recently. We made a passing reference to it on our weekly review as well. Gucci recently clamped down on Chinese shops selling paper versions of their products as offerings for the dead. As per Chinese tradition, relatives can appease the dead by offering items that…


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