Trademark

The Turning Point Cases – Part I


We are pleased to bring to you a two-part guest post by Eashan Ghosh on the recent Delhi High Court’s judgment in Turning Point Institute v. M/s Turning Point. Eashan graduated as a gold medalist from NLSIU, Bangalore and with distinction honours from the University of Oxford. He has been in practice as an intellectual property advocate and consultant in New Delhi since 2011, and has taught intellectual property law at NLU Delhi and NLSIU, Bangalore. He has published articles in…


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Others

The Mystery around Appointment of IPAB Chairman Thickens: DIPP Says It is Still under Consideration


Last week, I had drawn our readers’ attention to an information note available on a Department of Personnel & Training website which states that Justice (Retd.) Manmohan Singh’s proposal appointment as IPAB Chairman has been approved by the Appointments Committee of the Cabinet (ACC) and that the DIPP has been informed of the same. However, strangely, the DIPP still doesn’t seem to have received any information in this regard. In a reply to a tweet by one of our readers,…


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Others

SpicyIP Weekly Review (August 20-26)


Topical Highlight: Prashant discussed the effect of the recent landmark SC Judgment, that clarified privacy being a fundamental right, on personality rights of celebrities. His discussion points were: i. Brief overview of celebrity rights and passing off. ii. The introduction of celebrity rights and Article 21 privacy claims. (‘Auto-Shankar‘ case) iii. Distinction between horizontal and vertical enforcement of privacy rights. iv. Potential for censorship in light of broad understanding of the ‘private‘. Thematic Highlight:  Sreyoshi came up with a two part…


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Trademark

SLP against Del HC Order Granting Permission to Market New Biosimilars for Additional Indications Withdrawn


It is reported that Roche has withdrawn the SLP against Delhi HC judgment that granted permission to market new biosimilars for additional indications. As per Livelaw, the Supreme Court bench of Justices R.K.Agrawal and Abhay Manohar Sapre, noted in its Order, on August 11: “A letter has been circulated by learned counsel for the petitioners seeking permission to withdraw these Special Leave Petitions.  Permission granted. The Special Leave Petitions are dismissed as withdrawn.” The Order is available here. Background SpicyIP…


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Privacy

The Supreme Court’s Privacy Judgment Elevates Personality Rights to the Constitutional Plane


In a landmark judgment delivered on August 24, 2017 a bench of 9 judges of the Supreme Court in the case of Justice K. S. Puttaswamy (Retd.) v. Union of India has clarified that all Indians have a fundamental right to privacy under Article 21 of the Constitution. I use the word ‘clarify’ because smaller benches of the Supreme Court have previously proceeded on the assumption that privacy has always been a fundamental right under the Indian Constitution. These judgments…


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Trademark

The ‘Kwik’ Fix – Part II


Previously, in Part I, I had introduced the facts of the case and had dealt with some of the key issues thrown up by this order, including: infringement of the word-mark “Fevikwik”, disclaimers on the registrations, and validity of registration of “Kwikheal”. Here, I deal with the remaining issues and attempt an analysis of the order. Distinctive Packaging Pidilite claimed that even if Poma-Ex’s registration was valid, it wouldn’t allow for a defence u/s 28, 29 or 30 of the…


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Trademark

The ‘Kwik’ Fix – Part I


Earlier this month, through an interim order, the Bombay HC held that the mark “Kwikheal” is deceptively similar to “Fevikwik”. The court through J. Dhanuka undertook an elaborate analysis of the issues at hand and went on to grant an injunction against the proprietors of “Kwikheal.” As simple as the above seems to be, the order is equally layered. It records an exhaustive back-and-forth between the two parties and well-reasoned findings by the Judge. Before we launch into an analysis…


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Others

Is Justice Manmohan Singh’s Appointment as Chairperson to IPAB in Line with Law Laid Down in Shamnad Basheer v. Union of India?


As Pankhuri informed us yesterday, it is virtually certain that Justice Manmohan Singh who retired from the Delhi High Court, will be the next chairperson of the Intellectual Property Appellate Board (IPAB). His appointment has been made under the Tribunal, Appellate and other Authorities (Qualifications, Experience and other conditions of Service of Members) Rules, 2017 which derives its authority from the Finance Act, 2017. As reported earlier, the constitutionality of these rules and the relevant provisions of the Finance Act, 2017…


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Others

SpicyIP Jobs: Associate/Senior Associate – Patents at Remfry & Sagar, Gurgaon & Chennai


We are pleased to inform our readers that Remfry & Sagar, one of India’s leading IP law firms, is looking to recruit 10 candidates for the Associate/Senior Associate – Patents position for its Gurgaon and Chennai offices. For further details, please read the job description below: About the Firm Remfry & Sagar, India’s premier Intellectual Property law firm, with over 225 personnel, is expanding its operations and looking to recruit qualified patent attorneys, science/engineering graduates and lawyers (with technical/science backgrounds) for…


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Trademark

Delhi HC Issues Directions for Time Bound Issuance of Certified Copies of TM Records


Last month, the Delhi High Court through Justice Endlaw issued directions to the Registrar of trademarks, facilitating time bound issuance of certified copies of trademark office records. These directions were issued via an order passed in pursuance of a revision petition filed by the Registrar of trademarks (C.R.P. No. 146/2015). The revision petition was filed against an order of the Additional District Judge, issuing proclamation against the Registrar, under Order XVI Rule 10 of the CPC for non-production of records…


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