Delhi High Court Restrains Use Of 'COBEX' Mark In GlaxoSmithKline's Trademark Suit Over 'COBADEX'

The Delhi High Court has temporarily restrained Orion Biotech Pvt. Ltd. and two other entities associated with the manufacture of a paediatric antibiotic sold under the mark 'COBEX' from using the mark. The order came in a trademark infringement suit filed by GlaxoSmithKline Pharmaceuticals Limited (GSK), which claims that 'COBEX' is deceptively similar to its registered trademark 'COBADEX', used for its multi-vitamin drug.Justice Anup Jairam Bhambhani observed that GSK had "made-out a prima...

Delhi High Court Restrains Patna Firm From Using 'Nintendo India Private Limited' Name

The Delhi High Court has temporarily restrained a Patna-registered real estate company from using the name 'Nintendo India Private Limited' in a trademark infringement suit filed by Japanese gaming company Nintendo Co. Ltd. Justice Jyoti Singh ruled that the company's adoption of the name was "with an objective of encashing on the goodwill and reputation of the Plaintiff." The court observed that the company appeared to be trying to create the impression that it was associated with Nintendo,...

Delhi High Court Rejects Third Party's Impleadment Plea in Cipla's 'NO DARAR' Trademark Restoration Case

The Delhi High Court has dismissed applications filed by a third party seeking to be impleaded in a writ petition filed by Cipla Limited over the restoration of its 'NO DARAR' trademark. Holding that the applicant was "a rank outsider nowhere related and/or even remotely connected with the facts" of the case, the court found that it had no locus to be added as a party.Justice Saurabh Banerjee was hearing an application seeking impleadment along with a connected application seeking recall of the...

Madras High Court Sets Aside Order Reviving Kangaro's Trademark Opposition Against V-Guard

The Madras High Court has held that a trademark opponent cannot seek extra time to file evidence after missing the mandatory two-month deadline prescribed under the Trade Marks Rules, 2017. Setting aside a single judge's order, the court restored the assistant registrar's decision treating Kangaro Industries' opposition to V-Guard Industries' trademark application as abandoned. "The intention of the Legislature is that the time prescribed under Rule 45 shall be strictly adhered to and unlike...

Delhi High Court Protects 'ASIAN PAINTS' Trademark, Restrains Use Of Similar 'Asia Paints' Mark

The Delhi High Court on 23 July restrained Saroj Arora and associated entities (including Asia Paints and Ashind Industries) from using the mark 'Asia Paints' in a trademark infringement and passing off suit filed by Asian Paints Limited.A Bench of Justice Anup Jairam Bhambhani found that Asian Paints had established a prima facie case for interim protection. He observed:“It would appear that irreparable loss and injury would be caused to the plaintiff if the interim injunction as prayed-for is...

Delhi High Court Restrains Antex Pharma From Using Similar Marks To Nava Healthcare's HAIRFUL, UDIVIN

The Delhi High Court on 24 July restrained Antex Pharma Pvt Ltd from manufacturing or selling pharmaceutical products under marks and trade dress allegedly similar to Nava Healthcare's registered brands HAIRFUL and UDIVIN, after finding a prima facie case of trademark infringement and passing off. Justice Jyoti Singh passed the order, holding that “prima facie, Defendants are infringing the registered trademarks of the Plaintiff.” Nava Healthcare, incorporated in 2006, informed the Court that...

Delhi High Court Declines Interim Ban On NHM's Use Of Patented Sickle Cell Screening Card

The court, however, restrained the Ministry of Health and Family Welfare and the National Health Mission from asserting that the patented screening card originated from a Madhya Pradesh government prototype.

Delhi High Court Issues Notice On Times Now Suit Against Network18, Sushant Sinha Over 'Desh Ki Paatshala'

The Delhi High Court on Friday issued notice on a suit filed by Bennett Coleman and Company Limited, which runs the Times Now Navbharat news channel, against Network18 Media and Investments Limited and journalist Sushant Sinha, alleging copyright and trademark infringement over the show 'Desh Ki Paatshala.'Justice Anup Jairam Bhambhani declined to pass an ad-interim injunction at this stage. Observing that the defendants had entered an appearance on caveat, the court said they were entitled to...

Delhi High Court Restrains Gujarati Newspaper From Using 'Saurashtra Aaj Tak' In TV Today's Suit

The Delhi High Court has recently restrained a Gujarati newspaper from using the name 'Saurashtra Aaj Tak', holding that TV Today Network, which operates the news channel 'Aaj Tak,' is the prior user of the mark.Justice Mini Pushkarna set aside a 2012 trial court judgment that had allowed the Rajkot-based newspaper to continue using the name 'Saurashtra Aaj Tak', provided it carried a disclaimer stating it had no connection with TV Today Network's 'Aaj Tak' channel. Instead, the court granted...

Madras High Court Restrains Edible Oil Firm, Holds 'CYCLE' Mark Has Reputation Beyond Agarbattis

The Madras High Court has recently restrained an Erode-based edible oil manufacturer from using the trademark "CYCLE", holding that N. Ranga Rao & Sons, the maker of Cycle brand agarbathies, had established that the mark enjoys a reputation beyond incense sticks and is entitled to protection even against use on dissimilar goods.A Division Bench of Justice P. Velmurugan and Justice K. Govindarajan Thilakavadi partly allowed an appeal filed by N. Ranga Rao & Sons Private Ltd., setting...

Karnataka High Court Quashes Temporary Injunction Against Areca Nut Dehusking Machine Maker In Patent Suit

The Karnataka High court has set aside an ex parte ad interim injunction that had barred Priya Industries from making or selling an areca nut dehusking machine allegedly infringing a patent held by V-Tech Engineers.The court found that the Commercial Court had granted the injunction without analysing either the patent claims or whether Priya Industries' machine actually infringed them."We find that the impugned order is not sustainable, as it does not clearly set out the reasons for arriving at...

Delhi High Court Restrains Use Of PHENSERYL Mark In Opella Healthcare's Trademark Suit

The Delhi High Court has restrained a pharmaceutical company from selling a syrup under the mark PHENSERYL, holding that its name and packaging were deceptively similar to another company's long-registered PHENSEDYL trademark and were likely to confuse consumers.Justice Jyoti Singh observed that the rival marks and packaging were deceptively similar, noting: "The rival marks are visually and phonetically similar; dark blue colour in the trade dress/packaging and white font to depict the names...