Category Archives: Trademark

Trademark

Award of Punitive Damages by the Delhi High Court: No Method to the Madness


In the realm of trademark law, Indian courts, especially the Delhi High Court, have failed to articulate a set of coherent, uniform, intellectually defensible and legally tenable parameters for computing the amount of damages to be awarded to successful plaintiffs. To be sure, the problem is not one which is exclusively confined to trademark law. As Prashant has noted, the Delhi High Court’s jurisprudence on punitive damages in IP cases in general is founded upon a fallacious understanding of applicable…


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Trademark

Trademarking Tragedies: Of Brexit Beer and the Nirbhaya Bus


We bring to you an insightful guest post by Harshavardhan Ganesan where he examines the growing trend and relationship between trademark applications and tragedies. Harshavardhan Ganesan is currently an LLM student at the University of California, Berkeley where he is specializing in Intellectual Property Law. Trademarking Tragedies: Of Brexit Beer and the Nirbhaya Bus by Harshavardhan Ganesan While the recent political divorce of Britain and Europe was difficult to swallow for many both in Britain and elsewhere, an American Beer company, has…


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Trademark

Plain Packaging and Investor-State Disputes: Uruguay wins monumental victory against Philip Morris: Part I


On the 8th of July, Uruguay won (links to: the award, and a summary of the case) a hard-fought battle in the Investor-State Dispute Settlement (ISDS) proceeding brought by Philip Morris before the ICSID Tribunal. This is a decision of immense importance not only for Uruguay, but also for other countries that are currently considering plain packaging policies for tobacco products. The ICSID Tribunal upheld Uruguay’s regulations on public health and plain packaging, and even directed Philip Morris to pay…


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Drug Regulation Trademark

India contemplates WTO action over EU Trademark Law


A few years ago, a series of in-transit drug seizures led to an outcry in the developing world. We have posted about this several times here. New developments have brought this issue into light once again. A quick recap In 2008, 17 seizures of generic drugs took place in EU on grounds of patent infringement as per EC Regulation 1383/2003. These drugs were in transit to and from developing countries. In 2010, India and Brazil started proceedings against the EU…


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Trademark

The Sky’s the limit on trademark overreach


In this post, I focus on the practice of trademarking descriptive and common terms under the umbrella of ‘secondary meaning’, and how the overreach of such protection might have adverse consequences for the public domain. This week, No Man’s Sky, a highly anticipated video game settled a three-year long dispute with Sky UK Limited (formally British Sky Broadcasting), which gives them the right to use the word ‘Sky’ in their title. This is the first defeat in what seems to…


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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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