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Can non-working of a patent in India affect an interim injunction order


7th February 2017
 
Facts in brief :

Plaintiff, Bayer Intellectual Property GmBH, is a company incorporated under the laws of Germany. The plaintiff is the owner of patents IN 225529 and IN 188419 that relate to drugs VARDENAFIL and VARDENAFIL HYDROCHLORIDE respectively. The plaintiff filed an infringement sui...

Phonetically and deceptively similar Trademarks prohibited in pharmaceuticals


7th February 2017
 
Facts in brief :
 
Plaintiff, Intas Pharmaceuticals Ltd, is a registered user of trademark “GABAPIN”. “GABAPIN”, in 1997, was adopted for marketing its medicinal product containing a chemical compound known as “Gabapentine”. Defendant, Macleods Pharma...

UK moves on with Intellectual Property (Unjustified Threats) Bill


25th January 2017

The Intellectual Property (Unjustified Threats) Bill introduced in May 2016, passed the stage of Second Reading earlier this month. It will now be considered by a Public Bill Committee before it proceeds for Third Reading and amendments if any.

The Bill seeks to amend the existing provisions as regards safeguard against gr...

Copyright infringement – Liability of an online intermediary


25th January 2017

A Division Bench of the Delhi High Court on 23-12-2016 has reversed a decision of the Single Judge on the issue of liability of an intermediary in copyright infringement. The appellant in case of Myspace Inc. v. Super Cassettes Industries Ltd, was a service provider providing free platform for uploading of audio or video along with other...

Trademarks - Permitted user cannot institute an infringement suit


25th January 2017

A Division Bench of the Delhi High Court on 4-1-2017  has set aside the decision of the Single Judge and returned the plaint on the grounds that the Plaintiff No. 2 being a ‘permitted user’ as defined under Section 2(1)(r)(ii) of the Trade Marks Act, 1999 could not have instituted the suit by virtue of Section 52 of the ...

Trademarks – Delhi HC grants interim injunction for use of mark ‘Aqua’ for mobile phones


25th January 2017

A Single Judge  of the High Court of Delhi on 24-12-2016  has granted interim injunction in favour of the plaintiff observing that they had established a strong prima facie case for priority showing prior use and goodwill in the mark ‘Aqua’ in relation to mobile phones.

The Court in this case...

Qualitative or Quantitative tests not relevant to determine fair use


22 December 2016

In the decision dated 16-9-2016, a Single Judge Bench of Delhi High Court had held that reproduction of any copyrighted work by the teacher for the purpose of imparting instruction to the pupil as prescribed in the syllabus during the academic year would be fair use within the meaning of Section 52(1)(i) of the Copyright Act and hence wou...

Design infringement – minor variations are not sufficient defence


22 December 2016

Bombay High Court has, in a case of design infringement and passing off, granted an interim injunction order in favour of the plaintiffs. The case pertained to a design registration on copper tubes obtained by the plaintiffs, which the defendants, who were previously associated with the Plaintiffs, were allegedly infringing. The Court on ...

Trademark – No confusion even if marks have equal number of letters, begin and end with same letters


22 December 2016

Bombay High Court on 21-11-2016 has denied interim injunction in favour of the plaintiffs in a trademark infringement and passing off suit in a dispute in respect of the registered trade mark of the Plaintiff “ESBEDA” which was used in respect of designer leather products such as handbags, luggage, purses and wallets. The defe...

Trademarks – Not every domain name entitled to trademark protection


7 October 2016

Bombay High Court has refused to grant an interim injunction in a suit for trademark infringement and passing off in favour of the plaintiff, who is the registered proprietor of the mark and domain name “shaadi.com”. The Defendant, was sought to be restrained from using the domain name secondshaadi.com in any manner, including a...

Trademarks – Opposition or non-grant of trademark registration immaterial in case of passing off


7 October 2016

Delhi High Court on 16-9-2016 has made absolute the interim injunction granted by it to restrain the defendant from copyright infringement in the trade label along with a device and for passing off its trademark with device of “Taj Mahal” used on the rice. Rejecting the application of the defendant seeking to vacate the interim ...

Copyrights – Photocopying of portion of book when is not infringement


7 October, 2016

Delhi High Court on 16-9-2016 has held that action of the University (defendant) of making a master photocopy of the relevant portions of the books purchased by it and keeping in its library,  making further photocopies out of the said master copy and distributing the same to the students does not constitute infringement of copyright ...

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