India
FLY HIGH vs FLY HIGHER, Delhi High Court Decides Upon Infringement of a mark not being used as a Trademark
The Delhi High Court’s Justice Jyoti Singh vide her order dated October 28, 2022 has vacated an ex-parte ad interim injunction (dated January 21, 2022) against Tata Sia Airlines for using the mark ‘Fly Higher’ in their promotional campaigns. The case, Frankfinn Aviation Services Private Ltd. vs…
Moment Marketing and its legal implications
The power of the internet, in particular that of social media is humungous. People are constantly tied to their phones, eyeing for any latest news that may spring up, be it in the form of a tweet, a meme or a viral video. When used strategically, social media becomes one of the most powerful tools…
Case Brief: Sun Pharmaceuticals v. Cipla Ltd – IP Infringement or Global Medical Crises?
Recently, the Madras High Court, in the case of Sun Pharmaceuticals (Applicant/Defendant) v. Cipla Ltd (Respondent/Plaintiff) refused to vacate the interim injunction against the Applicant, Sun Pharmaceutical Industries. The Respondent, Cipla Ltd, was seeking directions against Sun Pharma, claiming…
The much needed check: An order of the Delhi High Court
The Intellectual Property (IP) Division of the Hon’ble High Court of Delhi, in its recent judgment has once again upheld the order of the Hon’ble Supreme Court of India and has issued further directions in this regard. A quick recap The Hon’ble Supreme Court, on March 23, 2020 rendered a laudable…
Groundless threat of trademark infringement: Is Section 142 a means to combat trademark bullying?
The trademark law firmly establishes that a trademark owner reserves the exclusive right to use the trademark and enforce the same. However, there are instances when economically stronger entities or large corporations aggressively secure their intellectual property against, mostly, smaller…
Fantasy Sports and Trademarks
Fantasy Sports refers to an area of online gaming wherein participants put together virtual teams composed of proxies of current professional players within a league and play for points and/or money. The teams earn points based on the real life performance of the players and compete against other…
The Registrability of Alphabet or Number trademarks in India
The basic purpose of a trademark is that it serves to distinguish the goods or services of one person from those of another. If a mark is not distinctive, it would lead to confusion among consumers between the mark and existing brands present in the market, as well as be unable to distinguish the…
Requirements of a Sound Mark – An International Perspective
A sound mark is a non-conventional trademark which is different from traditional trademarks such as a word mark or a device mark. It is a type of a trademark wherein consumers are able to identify the origin of goods and services from a particular sound. The requirements to apply for a sound mark…
Balancing IPR and Global Health: COVID-19 Vaccines
As most readers will be aware, the period of time between 2020-2021 has been marked with unprecedented disaster and suffering. The year 2020 started out with the Australian wildfires, which was followed by rising geo-political tensions, and then of course, COVID-19 spread rapidly across the globe.…
Design Renewal in India
At the outset, Section 11(1) of the Designs Act, 2000, grants copyright protection to a design for a period of ten years from the date of registration. However, if priority is claimed then the registration period is calculated as being ten years from the priority date. Further, as per Section 11(2)…