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...

Letters Patent Appeal Not Maintainable Against Single Judge's Order Under Trade Marks Act: Gujarat High Court

The Gujarat High Court has ecently held that a Letters Patent Appeal (LPA), an intra-court appeal before a Division Bench, is not maintainable against a Single Judge's decision in a statutory appeal under Section 91 of the Trade Marks Act, 1999.Holding so, the Division Bench of Chief Justice Sunita Agarwal and Justice D.N. Ray said such appeals are barred by Section 100A of the Code of Civil Procedure (CPC), read with Clause 15 of the Letters Patent. The bench also held that Parliament's...

Bombay High Court Rejects EYETEX DIVYA Owner's Plea Against DIVYAM Trademark

The Bombay High court has dismissed a plea by Aravind Laboratories to cancel the registration of a device mark using the word "DIVYAM". It held that the company cannot claim exclusive rights over the word "DIVYA" merely because it forms part of its registered mark "EYETEX DIVYA".Justice Somasekhar Sundaresan observed that the distinctiveness of the company's registered marks comes from the "EYETEX" prefix and not the standalone word "DIVYA.""It is evident that the dominant feature of the...

Delhi High Court Temporarily Restrains Aurore Life Sciences From Manufacturing, Selling Ruxolitinib In Patent Suit

The Delhi High Court has temporarily restrained Aurore Life Sciences Pvt Ltd from using, manufacturing, stockpiling, importing, offering for sale, selling, or exporting pharmaceutical products containing Ruxolitinib, a prescription drug used to treat myelofibrosis, a form of bone marrow cancer, in a patent infringement suit filed by Incyte Holdings Corporation and two others.Justice Jyoti Singh passed the ex-parte ad interim injunction after holding that the patent holders had made out a prima...

Delhi High Court Grants HBO Temporary Injunction Against 30 Rogue Websites In Copyright Suit

The Delhi High Court has recently granted an ad-interim injunction in favour of Home Box Office Inc. (HBO) against 30 rogue websites allegedly streaming its copyrighted films and shows without authorisation.The court has also directed internet service providers (ISPs) and domain name registrars (DNRs) to technically verify whether any newly identified website is a mirror, redirect or alphanumeric version of the injuncted websites and, if so, enforce the injunction against it as a pro-tem...

Requiring AI Companies To Obtain Multiple Licences For LLM Training Would Be Economically Unviable: Delhi High Court

The Delhi High Court has observed that requiring artificial intelligence (AI) companies to obtain licences from multiple sources to train Large Language Models (LLMs) would make their development economically unviable, while refusing to grant an interim injunction sought by ANI Media against OpenAI in its copyright infringement suit over ChatGPT. "The key to success of an AI model is to access the information in public domain. The development of LLMs and their success depends on availability of...

Delhi High Court Restrains 14 More Websites From Using 'BETWAY' Trademark

The Delhi High Court has recently restrained 14 more websites from using the trademark "BETWAY" or any deceptively similar mark in a trademark infringement suit filed by Merryvale Limited, the proprietor of the registered BETWAY trademark.BETWAY is an online sports betting and gaming brand owned by Merryvale Limited.The latest order extends interim protection granted earlier against similar allegedly infringing websites. Justice Jyoti Singh held that Merryvale had established a prima facie case...

Karnataka High Court Clears Release Of 'BOSS' Movie, Rejects Darshan's Plea Over Renukaswamy Murder Case Similarities

The Karnataka High Court has recently dismissed an appeal filed by actor Darshan Srinivas (Darshan Thoogudeepa) and his wife Vijayalakshmi challenging the refusal to temporarily restrain the release of the Kannada film BOSS. The court held that the existence of certain similarities between the film and the pending trial relating to the alleged murder of Renukaswamy, in which the actor is facing trial as an accused, was by itself not sufficient to justify an interim injunction. Justice Pradeep...

'Piracy Must Be Dealt With A Heavy Hand': Delhi High Court Grants Sony Relief Against 14 Rogue Websites

The Delhi High Court has observed that rogue websites engaged in piracy of copyrighted content pose a recurring threat and must be dealt with "a heavy hand." It has granted an ex parte ad interim injunction restraining 14 websites, including Cricgo.pro, from communicating, hosting, streaming or otherwise making available without authorisation any part of the Commonwealth Games 2026 and the Australian Open 2027, over which Sony Pictures Networks India Private Limited holds exclusive broadcast and...

Kerala High Court Orders Registrar To Decide Trademark Applications Pending For Over A Decade In Three Months

The Kerala High Court has directed the Registrar of Trademarks to consider and pass orders on two trademark registration applications that have remained pending since 2012 and 2014, directing that a decision be taken within three months. Justice Bechu Kurian Thomas observed that the applications filed by Nisar Ali Pari, proprietor of Bella Bathware, had remained undisposed of despite the passage of more than a decade. "Despite the lapse of more than a decade, the applications have not been...

Delhi High Court Restrains Astormueller From Using 'n:' And 'nu:beat' Marks In New Balance Trademark Suit

The Delhi High Court has temporarily restrained Swiss footwear company Astormueller AG and its Indian subsidiaries from manufacturing, selling, or advertising footwear bearing the standalone "n:" logo or the "nu:beat" logo mark. The restraint will operate during the pendency of a trademark suit filed by New Balance Athletics Inc.Justice Jyoti Singh held that New Balance had made out a prima facie case for passing off. The court also found that the impugned logo marks were deceptively similar to...

Bombay High Court Imposes ₹82 Lakh Costs On Hair Cream Manufacturer For Breaching 'NOVA' Trademark Injunction

The Bombay High Court has imposed more than ₹82 lakh in costs on the proprietor of a brilliantine hair cream manufacturing business after holding that he wilfully violated a 2010 injunction. The court found that he continued to market products under the 'NONI' label and the 'NOVA MINI' mark despite being restrained from using Dr. Ashok M. Bhat's registered 'NOVA' trademark and artistic work.Justice Arif S. Doctor directed Harichand Nagpal, sole proprietor of Ravi Industries, to pay ₹32.42 lakh...