Delhi HC grants an injunction against Mindgym Kids Library for Infringement and Passing Off in a Trademark Dispute

/ By / Trademark

MIND GYM Ltd. v. MINDGYM KIDS LIBRARY Pvt. Ltd. Text of the judgement available here. The Delhi High Court recently (Mar. 21, 2014) granted an injunction against MINDGYM Kids Library Pvt. Ltd. in an action of passing off and infringement of the registered trademark MIND GYM held by UK based company MINDGYM Ltd. Facts of the Case: This was a suit for the grant of an injunction against the defendants for passing off and infringement among others regarding the plaintiff’s […]

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Enforcement Directorate swoops on violators of the Trademarks Act

/ By / Trademark

In an unprecedented move, the Enforcement Directorate has slapped money laundering charges on two Indian firms for violation of the Trade Marks Act. In April 2013, the Steel Authority of India (SAIL) lodged a complaint with the Chhattisgarh Police against two Raipur-based companies (Ms Alankar Alloys Pvt Ltd and Ms Pankaj Ispat Ltd) for manufacturing TMT steel bars for using the SAIL trademark without authorisation.  Our readers may be aware that under the Indian Trade Marks Act it is an offence

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SpicyIP Weekly Review: 24th-30th March, 2014

/ By / Others

SpicyIP brings to you the review of the week 24th-30th March, 2014. The story of the week is Gopika’s post on Novartis obtaining an injunction against Wockhardt  regarding the sale of a drug containing the active ingredient vildagliptin. The Delhi High Court held that  the three conditions for an interim injunction, namely, prima facie case, irreparable loss and balance of convenience were all in favour of Novartis in the instant case and thereby granted an injunction order against Wockhardt. The week began

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SpicyIP Tidbit: IPAB Stays the Revocation of Pfizer’s Patent

/ By / Patent

The Chennai Patent Office had earlier revoked Pfizer’s patent on Detrol LA in response to a post grant opposition initiated by Ranbaxy. Detrol LA (extended release capsules of tolterodine) is used for symptomatic treatment of urinary incontinence/overactive bladder syndrome. Madhulika analysed the aforesaid Order here. The aforesaid revocation Order has now been stayed by the IPAB. As the IPAB Order is presently not available online, I am relying on the Business Standard report which is available here. According to the report,

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Phonographic Performance Limited v. Spring Club- copyright societies’ protection of members’ copyrights

/ By / Copyright

Recently, the Delhi Court issued an order in the matter  of Phonographic Performance Limited v. Spring Club, dismissing the Defendant’s application for rejection of plaint under O. VII R.11, CPC. The suit has been instituted claiming infringement of copyright under the Copyright Act, 1957. The Defendant has applied for rejection of plaint on the ground that the suit is barred by law and that the plaint does not disclose a cause of action against the defendants.The Court noted that it was a settled proposition

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2013’s Hard Hitting IP Developments – Input Requested

/ By / Others

IP developments in India have found themselves on a growing stage over the last few years. From being an area that only niche IP professionals concerned themselves with, IP in India is now slowly finding itself a more regular part of mainstream news. However, there is still much left to be desired in terms of coverage and analysis of these developments. Even on the blog, though we do try our best to put forth this coverage and analysis, we find

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SpicyIP TidBit: Anand & Anand, Saikrishna & Associates Win Accolades at Managing IP Global Awards 2014

/ By / Others

Managing IP, a leading source worldwide for developments in IP,hosted the ‘Managing IP Global Awards 2014’ on March 19th, 2014 in Dorchester, London. Two Indian firms picked up awards- Anand & Anand won the award for Best IP Prosecution in India, and the India Contentious Award went to Saikrishna & Associates. The winners were chosen by Managing IP’s team of editors and researchers based on the World IP Survey that they had conducted, also taking into account a review of market developments

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QU-IP: Prof David Vaver

/ By / Others

Some of you may recall “QU-IP”, a series of IP quips we initiated some years ago..to help us see the lighter side of IP and laugh a bit. It’s been a while since the last one, so here goes: This IP witticism is from a talk given by Professor David Vaver, a renowned IP academic, whom I had the great fortune of being supervised by. He is often cited by the Canadian courts and retired some years ago as head of the IP Centre at

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No More Nomadic: IPAB Delhi Gets a Permanent Office

/ By / Others

The wandering IPAB Delhi was given a ride home by an order of the Delhi HC which directed the setting up of a permanent place in Delhi for the IPAB to carry on its functions. The Asian Patent Attorneys Association (Indian Group) filed a writ petition highlighting the inconvenience caused due to the absence of a permanent office in Delhi. Though the IPAB conducts hearings in five cities: Delhi, Kolkata, Mumbai, Ahmedabad and Chennai, except for Chennai, the government has

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Novartis obtains injunction against Wockhardt regarding vildagliptin

/ By / Patent

Novartis and Wockhardt appear to be crossing horns with each other at the Delhi High Court as well as the IPAB regarding the popular anti-diabetes drug vildagliptin recently. The proceedings before the High Court was an application for injunction filed by Novartis while the IPAB was hearing a revocation petition filed by Wockhardt. The dispute arose as a result of the permission granted to Wokhardt by the drug regulator to manufacture and sell the drug in May 2013. At the

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