Enforcement & Litigation
Perspectives on enforcement & litigation across India and the subcontinent.
Durga Bhatt · 21 August 2015
Who Buys the Product? Class of Purchasers in Trademark Infringement
A pharma mark 'CORONA' used only on brochures for doctors did not infringe another 'CORONA' mark — because the buyers and trade channels were different. The Gujarat High Court on why the class of purchasers matters.
31 July 2015
Software as a Literary Work: The SAP Piracy Case
A coaching centre ran unauthorised SAP training at a fraction of the official price, using pirated software and materials. The judgment confirms that computer programmes are literary works under the Copyright Act — and sets out how commercial piracy is proved.
29 May 2015
Zara v. Zara Tapas Bar: When 'David vs Goliath' Is Really Infringement
Fast-fashion giant Zara took on a Delhi restaurant, Zara Tapas Bar — and won an interim injunction. Why the 'trademark bully' framing missed the point: deceptive similarity, trans-border reputation, and why not suing every infringer doesn't forfeit your rights.
4 April 2015
A Rehabilitation Scheme Is Not a Licence to Infringe
The maker of TIT BITS argued its trademark suit should wait for clearance from the BIFR, since an injunction would jeopardise its rehabilitation scheme. The Delhi High Court refused — a sick-company process cannot shelter infringement.
Durga Bhatt · 19 February 2015
Removing a Trademark for Non-Use: Rectification Under Section 47
A registered mark that has sat unused for five years and three months can be struck off the register. How rectification for non-use works under Section 47, who can file, and what counts as 'use'.
Durga Bhatt · 28 January 2015
WWE v. Wrestle Zone: Injunction and Damages Against Counterfeit Merchandisers
Two websites and a shop called 'Wrestle Zone' sold replica WWE merchandise while posing as official retailers. The Delhi High Court granted a permanent injunction and ₹5 lakh in damages — with a pointed observation about defendants who choose not to show up.
28 January 2015
Sony's Trademark Suit Dismissed After 20 Years — on Technical Defects
Even a famous brand can lose on paperwork. The Calcutta High Court dismissed Sony's infringement suit — 20 years on — because the plaint was improperly verified and the powers of attorney weren't validly notarised. A wake-up call on documentary compliance.
20 January 2015
NDAs That Work: Fairfest Media v. ITE Group
Fairfest shared its financials under an NDA during acquisition talks. The talks failed, and the counterparty bought into a competitor that then ran a rival event with a similar logo. The Calcutta High Court enforced the NDA — and the case shows what these agreements can and cannot do.
20 January 2015
Can a Court Question a Trademark's Validity at the Interim Stage?
In an infringement suit, can a civil court weigh a defence that the plaintiff's registration is invalid, at the interim-injunction stage? The Bombay High Court (Lupin/Shakti Bhog) held it can — but only where the registration looks prima facie fraudulent or shocks the conscience.
Durga Bhatt · 26 December 2014
Micromax v. OnePlus: The Division Bench Vacates the Cyanogen Injunction
Micromax obtained an ex parte injunction stopping OnePlus One sales in India over exclusive rights to Cyanogen's OS. The Division Bench vacated it — OnePlus hadn't been heard, and nobody had worked out what rights Cyanogen could still grant after its earlier deal with OnePlus.
Durga Bhatt · 20 December 2014
Micromax, Cyanogen and OnePlus: When an Exclusive Licence Bites
Cyanogen gave OnePlus a non-exclusive licence, then gave Micromax an exclusive one for India. OnePlus launched anyway — and got injuncted. A sharp lesson on exclusive vs non-exclusive licensing.
9 December 2014
Two Similar Patents, One Missed Prior Art: The Meter Seal Dispute
Two patents for electric meter sealing devices, both resembling an earlier US patent the Indian Patent Office never cited. The IPAB revoked the first; the Calcutta High Court sent it back, holding that transparency and a ribbed wire were real distinctions the Board had overlooked.