Infringement
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…
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…
Seeking Injunction in a Suit of Infringement and Passing off - Trademarks
Infringement & Passing Off The rights and remedies available under the Trade Marks Act, 1999 are not only limited to registered marks but also extend to unregistered marks. On one hand, an action for infringement provided for under Section 29 of the Act involves establishing issues such as…
Prosecution history estoppel in India - A suit of armour or a double-edged sword?
Introduction Trademarks have over time, distinguished themselves as the popular kids among the Intellectual Property rights. This is so because they are perhaps the most protected amongst the bundle of IP rights and well, inevitably the face of your business. A trademark builds your brand value by…
Bigbasket v. Daily basket – the blurring line between trademark protection & bullying
Trademark bullying has always been a cause for concern because it spells out overstepping the line, monopoly and power all in one place most of the times. As the name suggests, trademark bullying happens when a registered trademark owner, without justifiable reason, threatens or tries to threaten…
Plex v. Zee - better never than too late?
In a competitive global market, businesses need to strive to get ahead of their competitors. One of the ways to do this is by creating unique brand identities which help make a strong impact on the minds of consumers. Trademarks are especially useful in this respect, as consumers can easily make…
Legal Notices in Intellectual Property Right cases: A slippery slope?
More often than not, when a “bona fide” proprietor of the trademark (I use the term “bona fide” rather loosely here) finds unauthorized use of their mark by a third party, the first step taken (often) is to send the other party a legal notice. While some legal notices sent/received are convoluted…
Public Performance of Music & Copyright Licenses. Time to Face the Music?
Most commercial establishments often play popular music as a form of entertainment for their patrons. Step into any mall, hotel, pub, restaurant, or gym, and there is a high chance that they will be playing a song that you know. Since music falls under the scope of copyright as intellectual…
As Vistara Takes off –Legally
It is of common knowledge that planes fly by taking off, but sometimes they just have to take off in the other sense of the word! Rightfully! Recently, a case was filed by TATA SIA AIRLINES LIMITED (party to the VISTARA joint venture) against PILOT18 AVIATION BOOK STORE when they saw that the…
Infringement & the Essential Feature of a Trademark
The importance of a Trademark and the benefits it confers on a business entity cannot in any manner be overlooked. Through a logo or a symbol, a Trade Mark is inherently capable of conveying a company’s reputation or goodwill on a cursory glance made by an average purchaser. Such being the case,…